- 18 - deciding whether to grant or deny petitioner’s motion for leave. See Kramer v. Commissioner, 89 T.C. 1081, 1084-1085 (1987). In the motion for leave, petitioner argues that the proposed second amended petition adequately sets forth the grounds for errors in respondent’s determination, as well as the facts in support thereof, to apprise the Court and respondent of petitioner’s actual litigating position. Significantly, however, petitioner’s proposed second amended petition principally raises the same issues that are addressed, and supported by exhibits, in respondent’s motion for summary judgment, as supplemented, which is discussed in detail below. See Discussion, infra par. C. The proposed second amended petition, however, raises, for the first time, the issue of interest.10 Specifically, petitioner alleges that he is not liable for interest assessed under section 6601 because it was not determined in the notice of deficiency and, in the alternative, that respondent incorrectly computed the amount of accrued interest. Assuming arguendo that 10 Petitioner’s proposed second amended petition also raised for the first time a challenge to an addition to tax under “sec. 6651(a)(3)”. As previously discussed, the record reflects that respondent assessed an addition to tax under sec. 6651(a)(2), and not sec. 6651(a)(3). Respondent, however, conceded that petitioner is not liable for the addition to tax under sec. 6651(a)(2), and has indicated that the addition (and related interest) will be abated.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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