Sam E. Scott - Page 20




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              V.  Whether the Penalties and Interest Assessed Against                 
              Petitioner Were Excessive                                               
              Petitioner, in his brief, makes a terse reference to the                
         fact that the interest and penalties are excessive.  In his                  
         November 19, 2004, facsimile to Appeals Officer Grantham,                    
         petitioner indicated that the tax year was then 13 years old and             
         that the income tax liability was only 25 percent of the total,              
         whereas the penalties and interest represented 75 percent of the             
         total.  He also bemoans the fact that the original 25-percent                
         addition to tax and 20-percent penalty assessed under sections               
         6651(a)(1) and 6662, respectively, continue to increase in that              
         they are interest sensitive.  Petitioner contends that the 25                
         percent and 20 percent amounts set forth in the respective                   
         statutes are intended to be limitations on the maximum amount of             
         penalty and that the increased amounts are “excessive”.                      
              As already discussed, petitioner was not entitled to raise              
         the underlying merits of the tax and penalties for 1991 because              
         he received a statutory notice of deficiency and litigated the               
         merits of same.  See sec. 6330(c)(2)(B).  Petitioner has not                 
         shown that the amount of tax, penalties, or interest are                     
         incorrectly computed.9  Instead, he broadly claims they are                  

               9 It is clear that the addition to tax and penalty were                
          assessed in amounts that coincided with the dollar amounts                  
          contained in our decision in the deficiency proceeding.                     
          Petitioner is barred from contesting that assessment under the              
          principle of res judicata as well as sec. 6330(c)(2)(B).                    
                                                             (continued...)           





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