- 5 - underlying tax liability. Van Es v. Commissioner, 115 T.C. 324, 328-329 (2000). This Court has interpreted “underlying tax liability” in section 6330(d)(1) to include any amounts owed by the taxpayer pursuant to the tax laws, including additions to tax. Katz v. Commissioner, 115 T.C. 329, 339 (2000). Petitioner timely filed his petition with this Court pursuant to section 6330(d)(1), and, because he was not issued a notice of deficiency and did not otherwise have the opportunity to dispute the underlying tax liability, petitioner may challenge the additions to tax. See id.; sec. 6330(c)(2)(B); Montgomery v. Commissioner, 122 T.C. 1, 8-10 (2004). Where the validity of the underlying tax liability is properly at issue, the Court will review the matter de novo. Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v. Commissioner, 114 T.C. 176, 181 (2000). Where the validity of the underlying tax liability is not properly at issue, however, the Court will review the Commissioner’s administrative determination for abuse of discretion. Sego v. Commissioner, supra; Goza v. Commissioner, supra. We shall review de novo whether petitioner is liable for the additions to tax under section 6651. See Downing v. Commissioner, 118 T.C. 22, 29 (2002); Goodwin v. Commissioner; T.C. Memo. 2003-289; Joye v. Commissioner, T.C. Memo. 2002-14. If we find that petitioner is liable for the additions to tax, wePage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011