- 3 - This is your NOTICE OF DISALLOWANCE as required by law. We are disallowing your claim for abatement of interest, under Section 6404(e)(1) of the Internal Revenue Code, for the reason(s) stated below: We did not find any errors or delays relating to the performance of a ministerial act. If you disagree with our denial of your abatement of interest claim, and you meet the eligibility requirements described below, you may request review of our denial in the Tax Court. Your request for Tax Court review must be received by the Tax Court within 180 days of the date of this disallowance notice. Petitioners filed their petition on February 5, 1997, which date is 89 days after the mailing of the Notice of Disallowance. On April 18, 1997, respondent filed a Motion to Dismiss for Lack of Jurisdiction. Therein respondent seeks dismissal as to petitioner Robert Banat on the ground that his requests for abatement of interest were submitted prior to the effective date of section 6404(g). With respect to petitioner Marie Banat, respondent seeks dismissal on the ground that she has not filed requests for abatement of interest for the taxable years in issue and no notice of final determination was mailed to her. Discussion This case presents an issue of first impression concerning the effective date of section 6404(g), added by section 302(a) of the Taxpayer Bill of Rights 2 (TBOR 2), Pub. L. 104-168, 110 Stat. 1452, 1457 (1996). Section 6404(g) authorizes us to review denials by the Commissioner of requests for abatement of interestPage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011