Robert L. Stewart - Page 2




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          addition to tax under section 6651(a).1  Respondent contends that           
          this Court lacks jurisdiction to consider petitioner’s claim to             
          abate an addition to tax.  Respondent is not seeking dismissal of           
          the request for review of the failure to abate interest.                    
               On June 22, 2000, respondent issued a notice of final                  
          determination partially allowing petitioner’s request to abate              
          interest on his 1990 Federal income tax liability.  Petitioner              
          filed a petition to this Court under section 6404(i)2 and Rules             
          280-284.  In the petition, petitioner alleged that the amount in            
          dispute for 1990 was $4,656.86.3  Petitioner identified this                
          amount as “Interest Billed (+ Any Accrued Interest)”.  Petitioner           
          disagreed with the amount of the partial allowance and stated               
          that he believes he is entitled to an abatement of the full                 
          amount because he has paid all his taxes, including additions to            
          tax.                                                                        




               1Unless otherwise indicated, all section references are to             
          the Internal Revenue Code currently in effect, and all Rule                 
          references are to the Tax Court Rules of Practice and Procedure.            
               2Sec. 6404(i) was redesignated sec. 6404(h) by the Victims             
          of Terrorism Tax Relief Act of 2001, Pub. L. 107-134, sec.                  
          112(d)(1)(B), 115 Stat. 2427, 2434-2435.                                    
               3In his answer to the petition, respondent alleged that the            
          $4,656.86 amount shown on the petition refers to interest and               
          penalties accrued but unpaid on petitioner’s 1990 Federal income            
          tax liability as of Sept. 4, 2000.  Respondent alleged that                 
          $3,706.36 of this amount was attributable to interest, and the              
          remaining $950.50 was attributable to a “failure to pay penalty”.           





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