CHARLES EDWIN LYKES - Page 7

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          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 addition            






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