- 2 - review of respondent’s determination. The issues for decision are: (1) Whether petitioner’s underlying income tax liability is valid; and (2) whether petitioner was granted an opportunity for an administrative hearing pursuant to section 6330(b). FINDINGS OF FACT Some of the facts have been stipulated and are so found. The stipulation of facts and the attached exhibits are incorporated herein by this reference.2 Petitioner resided in Mililani, Hawaii, when he filed his petition. Pursuant to the Court’s opinion in Middleton v. Commissioner, T.C. Memo. 2002-164, on March 7, 2003, the Court entered a decision holding petitioner liable for a deficiency in Federal income tax of $34,763, as well as an addition to tax under section 6651(a)(1) and an accuracy-related penalty under section 6662(a) of $8,691 and $6,953, respectively, for 1991. On August 28, 2003, respondent assessed the deficiency, addition to tax, penalty, and interest for 1991. 1(...continued) the Internal Revenue Code, as amended, and all Rule references are to the Tax Court Rules of Practice and Procedure. Amounts are rounded to the nearest dollar. 2 On May 30, 2006, this Court’s order to show cause under Rule 91(f), dated Apr. 28, 2006, was made absolute, and the facts and evidence set forth in respondent’s proposed stipulation of facts attached as Exhibit A to respondent’s motion for order to show cause under Rule 91(f), filed on Apr. 27, 2006, were deemed stipulated pursuant to Rule 91(f)(3) for purposes of this case.Page: Previous 1 2 3 4 5 6 7 NextLast modified: November 10, 2007