- 7 - 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 litigatePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011