Morris Tabak - Page 9




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          relates to “Penalties + Interest”.  We question whether this                
          terse assertion constitutes a challenge to the underlying tax               
          liability sufficient to raise a justiciable issue for decision by           
          this Court.  However, we need not so decide because the fact of             
          the matter is that petitioner did not challenge the underlying              
          tax liability for either 1997 or 1998 at the administrative                 
          hearing.  Accordingly, under the circumstances present herein,              
          petitioner is precluded from doing so in the instant proceeding.            
          Sec. 301.6320-1(f)(2), Q&A-F5, Proced. & Admin. Regs.; see Miller           
          v. Commissioner, 115 T.C. 582, 589 n.2 (2000), affd. 21 Fed.                
          Appx. 160 (4th Cir. 2001); see also sec. 301.6330-1(f)(2), Q&A-             
          F5, Proced. & Admin. Regs.; Magana v. Commissioner, 118 T.C. 488,           
          493-494 (2002).  We are unable to identify any special                      
          circumstances in the instant proceeding that might cause us to              
          depart from this view.                                                      
               In the absence of a valid issue for review, we conclude that           
          respondent is entitled to judgment as a matter of law sustaining            
          the notice of determination dated August 9, 2001.                           
               In order to give effect to the foregoing,                              


                                             An order granting respondent's           
                                        motion and decision for respondent            
                                        will be entered.                              








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