John Douponce - Page 4




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          a $100 failure to pay penalty for 1990 and 1991.  At that point             
          all assessments for 1988, 1990, and 1991 had been paid, however,            
          some additional interest for each of the years 1988, 1990, and              
          1991 had not been assessed.  On November 4, 1996, respondent                
          issued a Notice of Intent to Levy with respect to unpaid interest           
          in the following amounts:                                                   
                    Year:       1988         1990      1991                           
                    Amount:   $676           $600      $491                           
          Petitioner paid without delay.  Petitioner sought a refund of the           
          interest and his claim was denied.  Petitioner appealed and on              
          March 13, 1997, respondent abated part of the $100 late payment             
          penalties which petitioner had added to his May 1996 payments.              
          Insofar as petitioner's dispute constituted a claim for refund of           
          interest, respondent determined that petitioner was not entitled            
          to relief pursuant to section 6404(e) and mailed petitioner a               
          Notice of Disallowance.                                                     
                                       OPINION                                        
               Petitioner argues that respondent abused his discretion in             
          not abating the interest that accrued on petitioner’s 1988, 1990,           
          and 1991 liabilities.  Petitioner argues he was provided with               
          amounts of his total liability for tax, penalties, and interest             
          in a telephone conversation with an employee of respondent on May           
          9, 1996.  Petitioner contends these amounts when paid should have           
          satisfied his liability for interest.                                       






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