Dai Ho and Young H. Cho - Page 11

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          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.                             


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