128 T.C. No. 6 UNITED STATES TAX COURT JOSEPH E. LEWIS, Petitioner v. COMMISSIONER OF INTERNAL REVENUE, Respondent Docket No. 6284-06L.Filed March 28, 2007. P filed his 2002 income tax return late. P included payment for the reported tax due with his return. R assessed additions to tax under sec. 6651(a)(1) and (2), I.R.C., for late filing and late payment. P requested an abatement of the additions to tax, which was ultimately denied after a hearing before R’s Appeals Office. R then initiated a collection action, and P now seeks review of his liability for additions to tax under sec. 6330, I.R.C. R moves for summary judgment pursuant to sec. 301.6330-1(e)(3), Q&A-E2, Proced. & Admin. Regs. R argues that P had an opportunity to dispute the underlying liability in a conference with R’s Appeals Office and thus cannot properly raise the underlying liability again in a sec. 6330, I.R.C., collection review proceeding. Held: Sec. 301.6330-1(e)(3), Q&A-E2, Proced. & Admin. Regs., is valid.Page: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007