- 8 - petitioners. Petitioners counter that respondent should be required to grant or deny a request for abatement of interest within a reasonable amount of time and that respondent's failure to act in this case should be treated as the equivalent of a denial of petitioners' request for abatement of interest. In Bourekis v. Commissioner, 110 T.C. 20 (1998), the taxpayers filed a petition with the Court in which they attempted to invoke the Court's jurisdiction under section 6404(g) based on the assertion that the Court should treat a notice of deficiency issued to the taxpayers as the Commissioner's final determination letter under section 6404(g). The Commissioner moved to dismiss and to strike the petition for lack of jurisdiction insofar as the petition referred to the Court's jurisdiction under section 6404(g). In granting the Commissioner's motion to dismiss, we first noted that the Commissioner's final determination letter under section 6404(g) "is a prerequisite to the Court's jurisdiction and serves as a taxpayer's 'ticket' to the Tax Court." Bourekis v. Commissioner, supra at 26; see Kraft v. Commissioner, T.C. Memo. 1997-476. Further, relying on the body of judicial opinions holding that, for a document to qualify as a valid notice of deficiency under section 6213(a), the Commissioner must intend for the letter to constitute a notice of deficiency, we held that the Commissioner likewise must intend for a letter to constitute a notice of final determination underPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011