- 20 - 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...)Page: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 NextLast modified: November 10, 2007