- 5 - 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 provisionPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011