Eldon Harvey Krugman - Page 12




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          claim.  We agree with respondent.  Section 6404(g) does not give            
          us jurisdiction to decide whether petitioner is entitled to a               
          refund offset.                                                              
               3.   Liability for Penalties or Additions to Tax                       
               On April 12, 1993, respondent told petitioner that the                 
          penalty for filing a return late under section 6651 is $854.08.             
          Petitioner fully paid that amount as part of his monthly                    
          installment payments.                                                       
               In the notice of levy that respondent sent on August 17,               
          1997, respondent said that for 1985, petitioner had unspecified             
          statutory additions to tax of $147.21.  In his petition,                    
          petitioner contends that respondent improperly failed to abate              
          the $147.21.  Respondent contends that we lack jurisdiction to              
          consider petitioner's claim.  We agree with respondent.                     
               The notice of levy does not state under what authority                 
          respondent imposed the $147.21 addition to tax.  The only penalty           
          or addition to tax for which respondent has stated petitioner is            
          liable for 1985 is the addition to tax for failure to timely file           
          under section 6651.  Section 6404(g) does not give us                       
          jurisdiction to decide whether petitioner is liable for that or             
          any other addition to tax.  The $147.21 addition to tax would not           
          be subject to our deficiency procedures if respondent imposed it            
          under section 6651 because petitioner did not timely file his               
          return and pay the tax shown as due on his filed return, nor did            






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