Henry Hermanus Van Es - Page 9




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          Because we do not have jurisdiction over the assessment of the              
          section 6702 frivolous return penalties, we also dismiss for lack           
          of jurisdiction the part of the petition challenging the                    
          collection of the outstanding amounts listed in the levy notice             
          for the frivolous return penalties and related interest.3                   
          Pursuant to section 6330(d), petitioner has 30 days after the               
          entry of our order of dismissal to file his appeal with the                 
          appropriate U.S. District Court.                                            
               To reflect the foregoing,                                              
                                             An appropriate order of                  
                                        dismissal will be entered.                    


















               3  Petitioner does not make an argument that he is not                 
          liable for the interest.  Cf. Katz v. Commissioner, 115 T.C. ___,           
          ___ (2000) (slip op. at 7-8, 19).  We therefore interpret                   
          petitioner’s challenge to respondent’s collection activities as             
          being based solely on petitioner’s view that the section 6702               
          frivolous return penalties were illegally assessed.                         





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