Jeffrey Sandor Orling - Page 3




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          reviewable by any other court, and this opinion shall not be                
          treated as precedent for any other case.                                    
               This matter is before the Court on respondent’s motion for             
          summary judgment pursuant to Rule 121.  This case results from a            
          timely petition of respondent’s notice of determination                     
          sustaining respondent’s intent to levy regarding petitioner’s               
          income tax liability for 2002.  Because we determine that                   
          petitioner may not raise the underlying tax liability in this               
          proceeding, we find no abuse of discretion in respondent’s                  
          determination, and we shall grant respondent’s motion for summary           
          judgment.                                                                   
                                     Background                                       
               On March 31, 2003, respondent issued a notice of deficiency            
          to petitioner for the taxable year ended December 31, 2002.                 
          Respondent determined a deficiency of $12,758, which was based on           
          the disallowance of certain deductions claimed on Schedule C,               
          Profit or Loss From Business, and itemized deductions claimed on            
          Schedule A, Itemized Deductions.  A petition to this Court was              
          not filed in response to this notice of deficiency.                         
               Petitioner gave conflicting testimony relative to the                  
          receipt of the notice of deficiency, which was mailed to                    
          petitioner’s address, the same address at which he currently                
          resides.  Initially, petitioner admitted receiving the notice of            
          deficiency.  Later, he testified he could not remember whether he           







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