Barry R. Downing and Mary A. Downing - Page 9




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          See secs. 6211(a), 6213(a), 6214(a); Landry v. Commissioner, 116            
          T.C. 60, 62 (2001); Katz v. Commissioner, 115 T.C. 329, 339                 
          (2000); Van Es v. Commissioner, supra at 328; Goza v.                       
          Commissioner, 114 T.C. 176, 182 (2000).  We also have                       
          jurisdiction “to determine whether any additional amount, or any            
          addition to the tax should be assessed, if claim therefor is                
          asserted by the Secretary at or before the hearing or a                     
          rehearing.”  Sec. 6214(a).  Thus, just as we generally have                 
          jurisdiction to decide income, gift, and estate tax cases, we               
          generally have jurisdiction over additions to tax for failure to            
          pay those taxes for purposes of section 6330(d)(1)(A).                      
               Following the 1986 amendment to section 6214(a), we have               
          frequently exercised jurisdiction over the addition to tax under            
          section 6651(a)(2) when it has been asserted in a deficiency                
          case.  See, e.g., Lee Engg. Supply Co. v. Commissioner, 101 T.C.            
          189, 196 n.5 (1993); Estate of La Meres v. Commissioner, 98 T.C.            
          294, 324-325 (1992); Bank of the West v. Commissioner, 93 T.C.              
          462, 472-474 (1989); Judge v. Commissioner, 88 T.C. 1175, 1187              
          (1987).  In contrast, apart from an affected items proceeding,              
          section 6665(b) provides that we lack deficiency jurisdiction               
          over an addition to tax under section 6651(a) if no deficiency              
          was determined.  See Estate of Forgey v. Commissioner, 115 T.C.             
          142, 146-147 (2000); Newby’s Plastering, Inc. v. Commissioner,              
          T.C. Memo. 1998-320.  However, our holdings in those cases do not           






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