Kin Sang Chan - Page 9




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          abatement.  On January 14, 1999, the IRS mailed a letter to                 
          petitioner disallowing an abatement of interest.                            
               On January 25, 1999, petitioner mailed the IRS a certified             
          letter replying to the IRS’s disallowance of his request for                
          abatement of interest and penalties.  On March 29, 1999, an IRS             
          Appeals officer mailed a letter to petitioner disallowing                   
          petitioner’s abatement claims, and a final determination letter             
          was issued on May 6, 1999.  On October 9, 1999, petitioner’s                
          Petition for Review of Failure to Abate Interest Under Code                 
          Section 6404 on the assessed tax deficiencies for 1992 and 1993             
          was filed with the Court.                                                   
               Respondent concedes that interest on the tax deficiencies              
          assessed with respect to petitioner and his wife should be abated           
          pursuant to section 6404(e) for the period from February 2                  
          through December 31, 1996.  Petitioner concedes that the interest           
          that accrued before October 20, 1994, should not be abated.                 
                                     Discussion                                       
               Pursuant to section 6404(i),1 the Tax Court has the                    
          authority to review the Commissioner’s denial of a taxpayer’s               
          request for abatement of interest.  The Court may order an                  
          abatement where the Commissioner’s failure to abate interest was            


               1  Sec. 6404(i) was formerly designated sec. 6404(g) but was           
          redesignated sec. 6404(i) by the Internal Revenue Service                   
          Restructuring & Reform Act of 1998, Pub. L. 105-206, secs.                  
          3305(a), 3309(a), 112 Stat. 685, 743, 745.                                  






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