Dai Ho and Young H. Cho - Page 2

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               Barbara B. Franklin, for respondent.                                   

                                 MEMORANDUM OPINION                                   
               COHEN, Chief Judge:  This case was assigned to Chief Special           
          Trial Judge Peter J. Panuthos, pursuant to the provisions of                
          section 7443A(b)(4) and Rules 180, 181, and 183.1   The Court               
          agrees with and adopts the opinion of the Special Trial Judge,              
          which is set forth below.                                                   
                         OPINION OF THE SPECIAL TRIAL JUDGE                           
          PANUTHOS, Chief Special Trial Judge:  This matter is before                 
          the Court on respondent's Motion to Dismiss for Lack of                     
          Jurisdiction.  Respondent contends that the Court lacks                     
          jurisdiction under section 6404(g) to consider the petition filed           
          in this case.  As explained in greater detail below, we will                
          grant respondent's motion.                                                  
          Background                                                                  
               On or about May 28, 1997, petitioners filed with respondent            
          a Form 843, Claim for Refund and Request for Abatement,                     
          requesting that respondent abate interest for the taxable year              
          1992 in excess of $172,000.  On November 26, 1997, after several            
          months passed with no response from respondent, petitioners wrote           
          to Nancy Givens (Ms. Givens) at respondent's Problems Resolution            


               1  Section references are to the Internal Revenue Code, as             
          amended.  Rule references are to the Tax Court Rules of Practice            
          and Procedure.                                                              




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