Richard Fransen - Page 12




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          under section 6404 respondent’s failure to abate those additions            
          to tax.  We hold that we do not have jurisdiction to do so.  See            
          sec. 6404(h); see also Washington v. Commissioner, 120 T.C. 114,            
          124 n.15 (2003); Krugman v. Commissioner, 112 T.C. 230, 237                 
          (1999).                                                                     
               We now address petitioner’s allegation in the petition that            
          the 2000 and 2001 notice and the 2002 notice are wrong.  A                  
          taxpayer may raise challenges to the existence or the amount of             
          the taxpayer’s underlying tax liability if the taxpayer did not             
          receive a notice of deficiency or did not otherwise have an                 
          opportunity to dispute the tax liability.  Sec. 6330(c)(2)(B).              
               Respondent issued to petitioner the 2000 and 2001 notice and           
          the 2002 notice, which he received.  Petitioner did not file a              
          petition with the Court with respect to either of those notices.            
          On the instant record, we find that petitioner may not challenge            
          the existence or the amount of the underlying tax liability,                
          including any additions to tax,5 for each of his taxable years              

               5Assuming arguendo that petitioner’s allegation in the                 
          petition that the Court should abate the respective additions to            
          tax for his taxable years 2000, 2001, and 2002 is not intended as           
          a request by petitioner for the Court to review under sec. 6404             
          respondent’s failure to abate those additions, but instead is a             
          request to review de novo the propriety of those additions to               
          tax, we shall not do so.  That is because the phrase “underlying            
          tax liability” in sec. 6330(c)(2)(B) is “a reference to the                 
          amounts that the Commissioner assessed for a particular tax                 
          period.”  Montgomery v. Commissioner, 122 T.C. 1, 7 (2004).  What           
          the Court concluded in Montgomery applies in the instant case:              
          “petitioners’ underlying tax liability consists of the amount               
                                                             (continued...)           





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