- 12 - 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 didPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011