Larry Bruce - Page 8




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          constitute an “underlying tax liability” and may be the proper              
          subject of challenge at the hearing.  See Montgomery v.                     
          Commissioner, 122 T.C. 1, 8 (2004).                                         
               In the case before us, petitioner would have been entitled             
          to challenge his self-reported tax liability.  However, it is               
          arguable whether petitioner raised the issue of his underlying              
          tax liability in his imprecise petition.  In any event,                     
          petitioner is precluded from challenging his underlying tax                 
          liability in the instant proceeding because he did not challenge            
          it at the administrative hearing.  Bourbeau v. Commissioner, T.C.           
          Memo. 2003-117; Tabak v. Commissioner, T.C. Memo. 2003-4; see               
          Miller v. Commissioner, 115 T.C. 582, 589 n.2 (2000), affd. 21              
          Fed. Appx. 160 (4th Cir. 2001); sec. 301.6320-1(f)(2), Q&A-F5,              
          Proced. & Admin. Regs.; see also sec. 6330(c) and (d).                      
               Petitioner’s Form 12153, Request for a Collection Due                  
          Process Hearing, indicated that the amount of the self-reported             
          tax liability was disputed; however, petitioner’s representative            
          stated at the hearing that no such challenge to the amount of               
          assessment existed.  Accordingly, in this proceeding we do not              
          consider petitioner’s underlying tax liability.  For this reason            
          we do not address petitioner’s argument regarding abatement of              
          the section 6651 failure to pay addition to tax based on                    
          reasonable cause, which first surfaced in petitioner’s objection            
          to respondent’s motion for summary judgment.                                







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