Dai Ho and Young H. Cho - Page 10

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          certain excise taxes.3  After assessment, the Secretary may                 
          proceed to collect assessed amounts, including interest, subject            
          to other provisions of the Internal Revenue Code.  Thus, in the             
          case of taxes which are subject to the deficiency procedures as             
          described in section 6211(a), the Secretary is motivated to issue           
          a notice of deficiency, since he is otherwise prohibited from               
          assessing and collecting a deficiency in tax.  In contrast,                 
          section 6404(g) involves a situation where the Secretary has                
          previously assessed and possibly collected a tax, penalty, and              
          interest, and the taxpayer requests that the assessment for                 
          interest be abated and that any overpayment be refunded.  In this           
          connection, a taxpayer's request for abatement of interest is               
          similar to a refund claim.  In fact, section 6404(g)(2)(B)                  
          provides that rules similar to those of section 6512(b) (which              
          permit the Tax Court to order a refund of an overpayment and                
          interest) shall apply for purposes of section 6404(g).                      
               With this background, we return to petitioners' contention             
          that the Court should impose a 6-month deadline upon respondent             
          (similar to the 6-month rule imposed under section 6532 with                
          respect to claims for refund) within which respondent is obliged            
          to either grant or deny a taxpayer's request for abatement of               


               3  Sec. 6213(a) refers to secs. 6851, 6852 and 6861                    
          (termination and jeopardy assessments) which are exceptions to              
          the normal deficiency procedures and not relevant to our                    
          discussion herein.                                                          




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