John G. Goette, Jr. and Marian Goettee - Page 4

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         and T.C. Memo. 2004-9.  We summarize the factual and procedural              
         background briefly here and make additional findings as required             
         for our ruling on the instant motion.                                        
              At all relevant times, petitioners resided in Maryland.                 
              Petitioners requested an abatement of interest with respect             
         to underpayments for 1978, 1979, 1981, 1982, and 1983, which                 
         respondent partially disallowed, and petitioners petitioned this             
         Court under section 6404 to review that disallowance as to all 5             
         years.  In Goettee v. Commissioner, T.C. Memo. 1997-454, we                  
         granted respondent’s motion for partial summary judgment as to               
         1978.  Petitioners later conceded as to 1983.  In Goettee I, what            
         remained before us was the matter of abatement of interest with              
         respect to the remaining 3 years (1979, 1981, and 1982) for the              
         periods of (1) December 2, 1993, through October 26, 1994, and               
         (2) December 14, 1994, through May 2, 1995.  In Goettee I,                   
         petitioners also urged us to order abatement for unspecified                 
         additional periods.  Finally, relying on our overpayment                     
         jurisdiction in the interest abatement area (see sec.                        
         6404(h)(2)(B)), petitioners also contended that respondent made              
         numerous computational errors in the interest calculations and               
         that failure to correct those errors constitutes an abuse of                 
         discretion.  Respondent conceded that abatement was appropriate              
         for February 25 through April 25, 1995, but contended failure to             
         abate interest for the remaining time in dispute did not                     






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