- 8 - 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 In an unpublished opinion, the Court of Appeals for the Ninth Circuit held that the reasoning in Hicks applied equally to a case involving civil penalties for failure to file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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 NextLast modified: November 10, 2007