- 28 - petitioner is liable for the addition to tax under section 6651(a)(1). Petitioner argues that earlier administrative actions of the IRS require a different result. Petitioner asserts that, because of previous abatement of $867.92 in late filing penalties, section 6406 operates to estop respondent from assessing $16,494 in late filing penalties that were subsequently determined in the notice of deficiency for 1995. Petitioner is incorrect. Section 6406 precludes review by "any other administrative or accounting officer, employee or agent of the United States" (emphasis added) of a decision of the Secretary or his delegate with respect to a claim by the taxpayer. Secs. 6406, 7701(a)(11)(B). By its terms, section 6406 does not preclude the Secretary or his delegate from reviewing prior actions. As explained in Hacker v. Commissioner, T.C. Memo. 1993-285, affd. 29 F.3d 632 (9th Cir. 1994): The legislative history of section 6406 indicates that such section was originally added for the purpose of prohibiting review of a decision of the Secretary of the Treasury (and his delegates, including the Commissioner) by employees of other agencies, such as the Comptroller General. See Hearings on H.R. 8245 Before the Senate Comm. on Finance, 67th Cong., 1st Sess. 299-300 (Sept. 1-Oct. 1, 1921); see also Crocker v. United States, 323 F. Supp. 718, 724-725 (N.D. Miss. 1971). Clearly, section 6406 does not estop the Commissioner, or his successor, from reviewing his own decisions. See E.A. Landreth Co. v. Commissioner, 11 B.T.A. 1, 23 (1928); see also Burnet v. Porter, 283 U.S. 230 (1931); McIlhenny v. Commissioner, 39 F.2d 356 (3d Cir. 1930), affg. 13 B.T.A. 288 (1928); Estate of Meyer v. Commissioner, 58 T.C. 69, 71 (1972).Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011