- 47 - Commissioner for the taxable period. From a “plain meaning” standpoint, such a reading of the statute would seem to be no more preferable than respondent’s interpretation. Indeed, the benefit of respondent’s interpretation (i.e., that the term “underlying tax liability” in section 6330(c)(2)(B) refers only to that portion of the underlying tax liability that the taxpayer failed to report) is that it does not in most cases require mental gymnastics to square such term with the remaining language of the section.11 Based on the foregoing, I am satisfied that the term “underlying tax liability”, as used in section 6330(c)(2)(B), is susceptible to more than one reasonable interpretation.12 We may therefore look beyond the language of the provision in our endeavor to discern Congress’s purpose. 11 Of course, if it turns out that respondent’s interpretation is actually that the term equates to “the tax liability specified on the CDP Notice” (which is the term used in sec. 301.6330-1(e)(1), (3), Proced. & Admin. Regs.), then such interpretation presents similar ambiguities to those discussed in the text. 12 In Washington v. Commissioner, 120 T.C. 114, 127 (2003) (Halpern, J., concurring), without benefit of a consideration of the legislative history discussed below, I concluded that the term “underlying tax liability”, as used in sec. 6330(c)(2)(B), means the tax on which the Commissioner based his assessment (whether shown on the return or determined by the Commissioner). I have since changed my mind.Page: Previous 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 Next
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