David J. and Jo Dena Johnson - Page 16




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          imposed by chapters 41, 42, 43, and 44), subtitle E, and various             
          additions to tax and penalties.  See secs. 6211(a), 6214;                    
          Medeiros v. Commissioner, 77 T.C. 1255, 1259-1260 (1981) (section            
          6672 addition to tax); Judd v. Commissioner, 74 T.C. 651 (1980)              
          (section 6652(c) addition to tax); Chatterji v. Commissioner, 54             
          T.C. 1402 (1970) (overpayment of FICA taxes); see also Fischer v.            
          Commissioner, T.C. Memo. 1994-586 n.3 (section 6682 penalty);                
          Hintz v. Commissioner, T.C. Memo. 1981-425 (overpayment of                   
          Railroad Retirement taxes), affd. 712 F.2d 281 (7th Cir. 1983).              
               Concluding that we had jurisdiction in this case would have             
          allowed the Court to reach the merits of whether petitioners are             
          liable for the frivolous return penalty pursuant to section 6702.            
          Petitioners, however, could not have directly petitioned the                 
          Court to review whether they were liable for this penalty.  Sec.             
          6703(b), (c)(2).  Judge Beghe’s interpretation would provide a               
          backdoor through which taxpayers could slip through by waiting               
          until collection to litigate liability for taxes, additions to               
          tax, and penalties that they are prevented from petitioning this             
          Court to review via our deficiency jurisdiction.                             
          III. Stare Decisis                                                           
               Principles of stare decisis weigh against overruling                    
          Moore and Van Es.  With regard to stare decisis, the Supreme                 
          Court has stated as follows:                                                 
               the important doctrine of stare decisis [is] the means                  
               by which we ensure that the law will not merely change                  






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