David A. Brown - Page 8

                                        - 7 -                                         
          not receive a notice of deficiency for the taxes in question or             
          did not otherwise have an earlier opportunity to dispute the tax            
          liability.  Goza v. Commissioner, 114 T.C. 176, 180-181 (2000).             
          The term “underlying tax liability” includes additions to tax and           
          statutory interest that are the subject of the Commissioner’s               
          collection activities.  Katz v. Commissioner, 115 T.C. 329, 339             
          (2000).  To the extent that the underlying tax liability is at              
          issue, we review the taxpayer’s liability de novo.  The Court               
          reviews other administrative determinations for an abuse of                 
          discretion.  Sego v. Commissioner, supra at 610.                            
          1995 Taxable Year                                                           
               We begin with the 1995 taxable year and respondent’s motion            
          to dismiss for mootness.  Mootness is a jurisdictional question             
          since Article III, Section 2 of the Constitution limits the                 
          jurisdiction of the Federal judicial system to “cases” and                  
          “controversies”.  Hefti v. Commissioner, 97 T.C. 180, 191 (1991),           
          affd. 983 F.2d 868 (8th Cir. 1993).  Accordingly, “If a dispute             
          in litigation turns on the performance of a specific act, * * *             
          the litigation loses all substance and becomes moot when that act           
          is performed.”  Id. at 191-192.  Without a case or controversy,             
          this Court has no jurisdiction.                                             
               At the time of the issuance of the final notice on July 18,            
          2001, respondent’s account summary showed a balance due for 1995            
          of $368 plus statutory additions of $90.37.  Thereafter,                    






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011