Eldon Harvey Krugman - Page 2




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                    R served a notice of levy to P dated Aug. 17,                     
               1997, for interest for 1985 and for an unspecified                     
               statutory addition to tax of $147.21.  R levied P's                    
               bank account.                                                          
                    P filed a petition in which he contended:  (1)                    
               That R should abate additions to tax other than those                  
               which he paid in installments, (2) that R's levy was                   
               improper, (3) that he could offset his 1985 income tax                 
               liability with a refund from 1995, and (4) that R                      
               should abate certain interest under sec. 6404(e),                      
               I.R.C.  R contends that we lack jurisdiction under sec.                
               6404(g), I.R.C. to decide any issue raised by P except                 
               whether to abate interest and that R's refusal to abate                
               interest except as conceded by R was not an abuse of                   
               discretion.                                                            
                    Held, we lack jurisdiction under sec. 6404(g),                    
               I.R.C. to decide whether P is liable for penalties or                  
               additions to tax relating to his 1985 tax year, whether                
               R's levy was improper, and whether P may offset his                    
               1985 income tax liability with a claimed refund from                   
               1995.                                                                  
                    Held, further, R's refusal to abate interest that                 
               accrued before Apr. 12, 1993 (i.e., during the years P                 
               failed to file and before R began sending erroneous                    
               monthly notices), was not an abuse of discretion.                      

               Eldon Harvey Krugman, pro se.                                          
               Mark S. Heroux and Virginia L. Hamilton, for respondent.               

               COLVIN, Judge:  On April 10, 1997, respondent issued a final           
          determination partially disallowing petitioner's claim to abate             
          interest.  Petitioner timely filed a petition under section                 
          6404(g)1 and Rule 280.                                                      


               1 This was redesignated as sec. 6404(i) by the Internal                
          Revenue Service Restructuring & Reform Act of 1998 (RRA 1998),              
          Pub. L. 105-206, secs. 3305(a), 3309(a), 112 Stat. 685, 743, 745.           
                                                             (continued...)           




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