William F. Middleton - Page 4




                                        - 4 -                                         
               In response to the notice of determination petitioner filed            
          his petition with this Court on January 21, 2005.  Paragraph 4 of           
          the petition stated:                                                        
               My tax matters are being handled by Mr. Randall Baily                  
               * * *, and is attorney of record.  Brief Background [in the            
               notice of determination] is incorrect Mr. Baily did contact            
               Karen O’Neal (Employee ID No 91-07370) Left Message.  Ms.              
               O’Neal return[ed][his] call and left [a] message.  Mr. Baily           
               faxed information to Ms. O’Neal.  Further Mr. Baily asked              
               that case be put in inactive/non-collectable status for now            
               since I have been disabled per Social Security Determination           
               as of 10/21/01 and have not been employed since that time.             
               * * * .                                                                
                                       OPINION                                        
               Petitioner contends respondent failed to prove petitioner’s            
          income tax liability was valid or allow him an opportunity for an           
          administrative hearing within the meaning of section 6330(b).               
          Consequently, petitioner contends respondent’s determination to             
          proceed with the collection action was erroneous and an abuse of            
          discretion.                                                                 
               Petitioner disputed his 1991 income tax liability in                   
          Middleton v. Commissioner, supra, and the Court found him liable            
          for the deficiency in tax, addition to tax, and penalty that                
          respondent assessed on August 28, 2003.  Therefore, petitioner is           
          precluded from contesting his 1991 income tax liability.  See               
          sec. 6330(c)(2)(B); Behling v. Commissioner, 118 T.C. 572,                  
          576-577 (2002).                                                             
               Where the validity of the underlying tax liability is not              
          properly at issue, the Court will review the Commissioner’s                 






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