- 6 - Because petitioner was not issued a notice of deficiency and he did not previously have the opportunity to dispute the underlying tax liability, he may question the validity of the underlying tax liability, and we review respondent’s determination de novo. See Montgomery v. Commissioner, 122 T.C. 1, 9 (2004). Petitioner contends that he had a payment arrangement under which two payments totaling $26,696.48 by the dates stated would completely satisfy his 2002 tax liability, including interest and penalties that accrued to the date of the last payment. Petitioner further contends that he made timely payments of the required amounts (less 24 cents each rounded down in conformity with respondent’s conventions) and that his 2002 tax liability is therefore satisfied. Petitioner believes that the $439.52 in interest and penalties arose from a “phantom” 48 cents that petitioner contends did not remain unpaid because of a permitted rounding method. In response, respondent contends that the $439.52 of interest and penalties would have accrued irrespective of whether petitioner paid the 48 cents. To support this contention, respondent attempted to show that interest and penalties would have accrued on the $25,044 that remained unpaid at the time petitioner filed his return.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011