- 11 - interest.4 Petitioners' argument has a certain appeal, guaranteeing a taxpayer the right of judicial review under section 6404(g). However, in contrast to section 6532(a), Congress did not provide a remedy within section 6404(g) where the Secretary fails to act on a request for abatement of interest within a reasonable time. Neither the plain language of section 6404(g) nor the legislative history suggests a basis for imposing a time limit within which the Secretary is obliged to act with respect to a request for abatement of interest. Because the Court clearly lacks the authority to graft such a time limit onto section 6404(g), petitioners' remedy lies with Congress, not with this Court. Consistent with Bourekis v. Commissioner, supra, we will grant respondent's motion to dismiss for lack of jurisdiction. In short, in the absence of a final determination denying petitioners' request for abatement of interest, the Court lacks jurisdiction to proceed under section 6404(g). To reflect the foregoing, An order will be entered granting respondent's Motion to Dismiss for Lack of Jurisdiction. 4 Sec. 6532(a)(1) provides that no suit or proceeding under sec. 7422(a) shall be begun before the expiration of 6 months from the date of filing a claim unless the Secretary renders a decision within that time, nor after the expiration of 2 years from the mailing of the notice of disallowance.Page: Previous 1 2 3 4 5 6 7 8 9 10 11
Last modified: May 25, 2011