Charles Durham - Page 4

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          closed the case in March 1999 with petitioner’s agreeing to the             
          assessment and collection of deficiencies for 1992-94.                      
               In October 1999, petitioner asked respondent to abate at               
          least part of the accrued interest, citing respondent’s delays in           
          handling the case.  Respondent issued his final determination in            
          August 2001.  It completely disallowed petitioner’s request, and            
          this appeal followed.                                                       
               Petitioner has at all relevant times been a resident of                
          Tennessee, and this case was originally set to be tried in                  
          Knoxville.  Before trial, however, both parties moved for summary           
          judgment.  Respondent’s motion was simple:  Petitioner’s                    
          allegations of IRS errors all involved “managerial” acts.                   
          Proced. & Admin. Regs., sec. 301.6404-2(b)(1).  Section 6404(e)             
          allows respondent to abate interest for delays caused by                    
          managerial acts, but only for tax years after 1996.  The years              
          involved here were 1992-94.  Therefore, respondent could not                
          abate interest.                                                             
               Petitioner’s motion agrees with respondent’s, right up to              
          the “therefore”.  He argues that the effective date in the                  
          statute is trumped by the Constitution, whose guarantees of equal           
          protection make an effective date based on when a tax year                  
          commenced, rather than when IRS misfeasance occurred,                       









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