Richard N. Pate - Page 2




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                                     Background                                       
               The record reveals or the parties do not dispute the                   
          following:                                                                  
               Petitioner failed to file a Federal income tax return for              
          2003.  By notice of deficiency dated June 7, 2005, respondent               
          determined a deficiency in petitioner’s 2003 tax on the basis of            
          a substitute for return that respondent prepared; in the notice,            
          respondent also determined that petitioner was liable for                   
          additions to tax pursuant to sections 6651(a)(1) and (2) and                
          6654(a).  Petitioner received the notice of deficiency but did              
          not petition the Tax Court with respect to it.                              
               On October 24, 2005, respondent assessed petitioner’s 2003             
          tax and additions thereto and issued him a notice of balance due            
          and demand for payment.  On January 30, 2006, respondent mailed             
          petitioner a Notice of Intent to Levy and Notice of Your Right to           
          Hearing for 2003 as required under sections 6330 and 6331.  On              

          1(...continued)                                                             
          the Internal Revenue Code, as amended, and all Rule references              
          are to the Tax Court Rules of Practice and Procedure.                       
               Except in limited circumstances not relevant here, Rule 54             
          generally requires motions to be separately stated and not joined           
          together; we have permitted this joined motion to be filed in the           
          interests of judicial administration.  See Stewart v.                       
          Commissioner, 127 T.C. 109, 111 n.2 (2006).  The Court has                  
          proposed amending Rule 54 to clarify that motions should not be             
          joined together “Unless otherwise permitted by the Court”.  Press           
          Release dated Jan. 16, 2007, p. 22.                                         





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