- 24 - Ms. Latos did not receive a notice of deficiency with respect to her taxable year 1998. Nor did she otherwise have an opportunity to dispute the underlying tax liability for that year. We shall review that liability on a de novo basis. Sego v. Commissioner, 114 T.C. at 610. Ms. Latos advances essentially the same arguments here with respect to Ms. Latos’ unpaid 1998 liability that she and Mr. Anderson advanced, and the Court rejected, in Anderson v. Commissioner, T.C. Memo. 2003-112, with respect to their unpaid income tax liability for each of their taxable years 1996 and 1997. For the reasons stated in Anderson 17(...continued) entitled to challenge the underlying tax liability for each of her taxable years 1996 and 1997, we reject her argument with respect to each such liability for the reasons stated in Anderson v. Commissioner, supra. In this connection, we note that Ms. Latos also relies in the instant cases on United States v. Galletti, 541 U.S. 114 (2004), a case that the Supreme Court of the United States (Supreme Court) decided after the Court issued Anderson. Ms. Latos’ reliance on Galletti is misplaced. The issue presented in Galletti was whether the proper assessment of income tax that a partnership was required to withhold under sec. 3403 extended the period of limitations to collect such tax from the partnership’s general partners who were liable for the payment of the partnership’s debts. United States v. Galletti, supra. The Supreme Court held that it did. Id. The Supreme Court did not hold in Galletti that an employer is responsible for paying the income tax liability of an employee of such employer. Id. As the United States Court of Appeals for the Second Circuit held in Church v. Commissioner, 810 F.2d 19, 20 (2d Cir. 1987): It is clear that the failure of an employer to meet its obligation to withhold income tax does not in any way lessen the obligation of an employee to pay income tax. Indeed, we have long since rejected the contrary posi- tion even in the context of a criminal prosecution. [Citations omitted.]Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 NextLast modified: November 10, 2007