James Edward Crawford - Page 9




                                        - 9 -                                         
          of the problem are a refund check sent to me in error and a tax             
          credit I received in the amount of $5,717."  Later in the                   
          attachment he alleges that IRS representatives assured him that             
          if he did not prevail in Tax Court he would get a $5,717 credit             
          deducted from the $6,330 check he had received.  "I would then              
          owe the difference between the two amounts plus interest.  I                
          would have returned the $6,330 check had I not been given this              
          assurance.  [Emphasis in original.]”  The mistake he further                
          isolates in the attachment is that the IRS sent him the refund              
          check after First Energy was determined to be abusive and then              
          provided him with incorrect information.  "This improper                    
          information is the source of these interest payments."  He                  
          requests further that he receive a "refund" of all interest                 
          payments made since 1993.                                                   
               The IRS District Director in Jacksonville, Florida denied              
          petitioner's request for abatement in a letter dated October 25,            
          1999.                                                                       
                                       OPINION                                        
               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                  

               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. 743, 745.                                       






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011