Victor M. Vazquez, Jr. - Page 4

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          characterization of the law is correct, his remedy lies with                
          Congress.  We are not at liberty to create exceptions to the                
          Internal Revenue Code.  See id. at 440.  Thus, we conclude that             
          the Army loan repayment constitutes gross income within the                 
          meaning of section 61.                                                      
               Petitioner also argues that the imposition of interest is              
          inappropriate since he did not receive a Form W-2 reflecting the            
          Army loan repayment and, therefore, had no way of knowing that              
          the Army loan repayment constituted gross income.  Generally this           
          Court has no jurisdiction in a deficiency proceeding over                   
          interest questions.  White v. Commissioner, 95 T.C. 209, 213                
          (1990).  Section 7481(c) provides that this Court may redetermine           
          interest, but only after the decision in a case has become final,           
          the interest has been assessed, and the taxpayer has paid the               
          interest in dispute.  See Pen Coal Corp. v Commissioner, 107 T.C.           
          249, 263 (1996).  These conditions are not present in this case.            
          Furthermore, while section 6404(g), added by section 302 of the             
          Taxpayer Bill of Rights 2, Pub. L. 104-168, 110 Stat. 1452, 1457            
          (1996), authorizes this Court to review the Secretary's failure             
          to abate interest with respect to requests for abatement made               
          after July 30, 1996, under section 6404(e), petitioner has not              
          shown that he has made such a request.  See Rule 280(b); Coffield           
          v. Commissioner, T.C. Memo. 1996-365.                                       
               To reflect the foregoing,                                              





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