Richard N. Pate - Page 8




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          deficiency should be redetermined on the basis of a return he               
          alleges to have recently submitted; he also urges that additions            
          to tax should be abated because respondent has failed to show               
          that Form 1040 complies with the PRA.  These late-raised issues             
          are not properly before the Court for decision.  See Bartschi v.            
          Commissioner, T.C. Memo. 2002-268.  More fundamentally, because             
          petitioner received a statutory notice of deficiency with respect           
          to 2003 but failed to petition this Court to redetermine the                
          deficiency, petitioner is not entitled to challenge his                     
          underlying tax liability in this collection proceeding.  See sec.           
          6330(c)(2)(B); Sego v. Commissioner, 114 T.C. 604, 610 (2000).              
               In any event, petitioner’s argument that the PRA may in some           
          manner negate statutory penalties for failure to file tax returns           
          and pay taxes is without merit.  Because the requirement to file            
          tax returns and the imposition of penalties for failing to do so            
          represents a “legislative command, not an administrative                    
          request”, the PRA provides no “escape hatch” from penalties for             
          failing to file tax returns.  United States v. Hicks, 947 F.2d              
          1356, 1359 (9th Cir. 1991);3 accord James v. United States, 970             

               3 United States v. Hicks, 947 F.2d 1356 (9th Cir. 1991),               
          involved a criminal conviction for willful failure to file tax              
          returns.  In an unpublished opinion, the Court of Appeals for the           
          Ninth Circuit held that the reasoning in Hicks applied equally to           
          a case involving civil penalties for failure to file returns, pay           
          income tax, and pay estimated taxes.  Beam v. Commissioner, 1992            
                                                             (continued...)           





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