Jerome J. Norris - Page 6

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               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.                                                







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