James K. Gaudet - Page 2




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          Procedure.  The Court agrees with and adopts the opinion of the             
          Special Trial Judge, which is set forth below.                              
                         OPINION OF THE SPECIAL TRIAL JUDGE                           
               POWELL, Special Trial Judge:  This case involves the denial            
          of a request by petitioner to respondent to abate interest under            
          section 6404(e).  On February 9, 2000, petitioner submitted a               
          Form 843, Claim for Refund and Request for Abatement, to                    
          respondent.  The request pertained to the interest due on the               
          deficiency for the taxable year 1996.  By letter dated June 23,             
          2000, respondent determined that petitioner was not entitled to             
          the requested abatement, and the request was denied by                      
          respondent’s Appeals Office.  On December 8, 2000, petitioner               
          filed a petition for review of that determination with this                 
          Court.  At the time the petition for review was filed, petitioner           
          resided in Gretna, Louisiana.                                               
               The facts may be summarized as follows.  Petitioner prepared           
          a joint 1996 Federal income tax return with his then wife,                  
          Virginia.  Before or during 1996, Virginia’s parents had died,              
          and Virginia had received inheritances that she invested with               
          Legg Mason, a brokerage firm.  Petitioner, an attorney, had                 
          settled the estates of Virginia’s parents and was aware that she            
          had received the inheritances.  Legg Mason sent Virginia a Form             
          1099 showing income of $14,248 for 1996.  The Form 1099 was not             
          received until around April 20, 1997, after petitioner and                  






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