- 2 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011