Donald W. and Kathryn B. Conner - Page 8

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          B.  Additions to Tax                                                        
               The income tax assessment against petitioners includes                 
          additions to tax under section 6651(a)(1) and (2).  Petitioners             
          did not receive a notice of deficiency or otherwise have an                 
          opportunity to dispute the additions to tax relating to their               
          income liabilities; therefore, they can challenge them during the           
          section 6330 proceeding.  Sec. 6330(c)(2)(B); see Montgomery v.             
          Commissioner, 122 T.C. 1, 7 (2004).  We review de novo                      
          respondent’s determination with respect to these additions to               
          tax.  Goza v. Commissioner, supra at 181-182.                               
               Section 6651(a)(1) imposes an addition to tax of 5 percent             
          per month of the amount of tax required to be shown on the                  
          return, not to exceed 25 percent, for failure to timely file a              
          return.  Section 6651(a)(2) imposes an addition to tax for                  
          failure to pay timely the amount shown as tax in any return.                
          The addition under section 6651(a)(2) is in an amount of 0.5                
          percent of the amount of such tax for each month or fraction                
          thereof that the tax remains unpaid, not to exceed 25 percent in            
          the aggregate.  Under section 6651(c)(1) the 5 percent for each             
          additional month imposed by section 6651(a)(1) is reduced by the            
          amount of the addition to tax under section 6651(a)(2) to 4.5               
          percent for any month in which both additions are imposed.  The             
          additions to tax under section 6651(a)(1) and (2) are imposed               








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