Laura G. Cook - Page 8

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          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).  If the underlying tax              
          liability is at issue, the Court reviews that taxpayer’s                    
          liability de novo.  The Court reviews other administrative                  
          determinations based on whether or not there was an abuse of                
          discretion by respondent.  Sego v. Commissioner, supra at 610.              
               Petitioner primarily contends that respondent erred by not             
          allowing her to challenge the merits of the underlying tax                  
          liability.  She claims that she did not know what the notice of             
          deficiency waiver was when she signed it.  However, petitioner              
          did not allege or establish that she was incompetent to sign the            
          Form 5564, cf. Horn v. Commissioner, T.C. Memo. 2002-207, or that           
          respondent perpetrated fraud, duress, or misrepresentation in               
          garnering her signature, cf. Whitman v. Commissioner, T.C. Memo.            
          1985-537.                                                                   
               The Court finds that petitioner’s waiver is valid and                  
          effective.  The act of signing the consent to immediate                     
          assessment constituted her assent to the contents of that form              
          even if she may have been confused by its terms, a conclusion the           
          Court declines to reach.  Kronish v. Commissioner, 90 T.C. 684              
          (1988).  Moreover, it is clear to the Court that petitioner had             
          ample opportunity to dispute her underlying tax liability.  She             
          admitted receiving the notice of deficiency; she did not litigate           





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