Nield and Linda Montgomery - Page 47

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          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.                                               





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