- 4 - under section 6404. Section 6404(g) provides, in pertinent part, as follows: (g) Review of Denial of Request for Abatement of Interest.-- (1) In General.--The Tax Court shall have jurisdiction over any action brought by a taxpayer who meets the requirements referred to in section 7430(c)(4)(A)(ii) to determine whether the Secretary's failure to abate interest under this section was an abuse of discretion, and may order an abatement, if such action is brought within 180 days after the date of the mailing of the Secretary's final determination not to abate such interest. TBOR 2 section 302(b) provides that section 6404(g) applies “to requests for abatement after the date of the enactment of this Act." TBOR 2 was enacted on July 30, 1996. Respondent's position in this case is that we lack jurisdiction to review the denial of petitioner Robert Banat's requests for abatement of interest because the requests were submitted prior to July 31, 1996. Petitioners object on the basis that they were issued a notice of final determination that specifically authorizes the filing of a petition with this Court. This Court is a court of limited jurisdiction and may exercise jurisdiction only to the extent expressly provided by statute. Breman v. Commissioner, 66 T.C. 61, 66 (1976). As such, we must decide whether TBOR 2 section 302 confers jurisdiction to review the denial of the requests for abatement of interest in this case.Page: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011