John G. Goettee, Jr., and Marian Goettee - Page 5

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          Section 302(b) of TBOR 2, 110 Stat. 1458, 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 maintains that we lack jurisdiction to review the           
          denial of petitioners' requests for abatement of interest on the            
          ground that petitioners' original requests for abatement of                 
          interest were filed prior to July 31, 1996.  Respondent further             
          contends that, despite the Appeals officer's advice to the                  
          contrary, petitioners may not refile their requests for abatement           
          after July 30, 1996, for the purpose of invoking the Court's                
          jurisdiction.                                                               
               In Banat v. Commissioner, 109 T.C. 92 (1997), we considered            
          the question of the Court's jurisdiction to review the                      
          Commissioner's denial of a request for abatement of interest                
          where the request was filed prior to July 31, 1996, but denied by           
          the Commissioner after July 30, 1996.  The Commissioner took the            
          position that the Court lacked jurisdiction to review the denial            
          of the request for abatement in question because the request had            
          been filed prior to July 31, 1996.  In rejecting the                        
          Commissioner's position, we concluded that section 302(b) of TBOR           
          2, which establishes the effective date of section 6404(g),                 
          allows the Court to exercise its jurisdiction with respect to               
          requests for abatement of interest pending on July 31, 1996.  We            
          concluded that the Commissioner's interpretation of the provision           





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