- 7 - respondent asserts that the filing of the lien is the event that triggered petitioner’s right to a section 6330 hearing and subsequently to our review of respondent’s determination to continue collection activities, as well as the denial of petitioner’s request for the abatement of interest and additions to tax. We agree with this assertion. We now turn to whether respondent’s denial of petitioner’s request for the abatement of additions to tax was an abuse of discretion. Both parties acknowledge that this Court has jurisdiction in this section 6330(d) proceeding to consider whether respondents’s refusal to abate the additions to tax relating to petitioner’s income tax liabilities was an abuse of discretion. See Montgomery v. Commissioner, 122 T.C. 1 (2004); Downing v. Commissioner, 118 T.C. 22 (2002). The income tax assessments for the years in question include assessments for additions to tax under section 6651(a)(1) and (2) for 1996-99 and under section 6654 for 1996-97. Petitioner did not have an opportunity to dispute these additions; hence, he can challenge them during the section 6330 hearing proceeding. Sec. 6330(c)(2)(B). We review de novo respondent’s determination with respect to these additions to tax. See Goza v. Commissioner, 114 T.C. 176, 181-182 (2000). Section 6651(a)(1) imposes an addition to tax for failure to timely file a return, and section 6651(a)(2) imposes an additionPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011