- 8 - lacking sound basis in law, taking into account all the facts and circumstances. See, e.g., Thor Power Tool Co. v. Commissioner, 439 U.S. 522, 532-533 (1979). Petitioner’s underlying tax liability for 1999 is not at issue because petitioner received a notice of deficiency for that year and agreed, in a stipulated decision entered by the Court, that he owed, in addition to the self-assessed amount of $4,587 ($1,922 of which had already been paid through withholding credits), tax of $1,170, together with interest.3 See sec. 6330(c)(2)(B). Therefore, we review respondent’s determination for abuse of discretion. Petitioner’s first claim is that respondent abused his discretion by refusing to enter into an installment agreement with petitioner for 1999, the tax year in issue, unless the 2004 year were also included. Petitioner did not believe that he owed 3Also, an addition to tax arises upon the taxpayer’s failure to pay income tax when it is due. Respondent seeks to collect this addition to tax because petitioner did not timely pay the 1999 tax liability as he had agreed. See sec. 6651(a)(2) and (3). It appears that respondent assessed this addition to tax in November of 2000 and again in May of 2006. Petitioner did not raise the issue of his liability for the addition to tax during his sec. 6330 hearing or otherwise bring it to the attention of the Appeals Office. Therefore, we do not consider it even though petitioner raised this issue in his petition. See sec. 301.6330- 1(f)(2), A-F5, Proced. & Admin. Regs. If the issue were properly before us, and if, as appears to be the case, petitioner did not receive a notice of deficiency with respect to the addition to tax or otherwise have an opportunity to dispute it, our review would be de novo. Sego v. Commissioner, 114 T.C. 604, 609 (2000).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007