Donald A. Ramirez - Page 5

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          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, we            






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