William F. Middleton - Page 2




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          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.                                                                  





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