- 6 - interest should be abated for 1981. Petitioners assert that they requested that respondent abate interest during settlement conferences with respondent and that the Court should treat the notice of deficiency as respondent's "final determination" not to abate interest. This matter was called for hearing at the Court's motions session in Washington, D.C. Counsel for respondent appeared at the hearing and presented argument in support of the pending motion. Further, respondent stated that, at the time of the hearing, petitioners were not precluded from filing a request for abatement of interest. Although petitioners did not appear at the hearing, they did file a written statement with the Court pursuant to Rule 50(c). Petitioners' Rule 50(c) statement includes allegations that the Court should treat the notice of deficiency in this case as respondent's final determination to deny petitioners' request to abate interest in light of respondent's final determination denying a request for abatement of interest filed by T. John Tsalaky, petitioner James Bourekis' brother-in-law and partner in PCS. (T. John and Magdaline B. Tsalaky filed a petition for review of respondent's denial of their request to abate interest. That matter is currently pending before the Court at docket No. 7012-97.) Petitioners contend that, under the circumstances, it would be "futile,Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011