William and Helen Woodral - Page 2




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                                       OPINION                                        
               VASQUEZ, Judge:  On March 26, 1998, the Commissioner issued            
          a notice of final determination denying petitioners' claim to               
          abate interest.  Petitioners timely filed a petition under                  
          section 6404(g)1 and Rule 280.  Unless otherwise indicated, all             
          section references are to the Internal Revenue Code as amended,             
          and all Rule references are to the Tax Court Rules of Practice              
          and Procedure.                                                              
               The issue for decision is whether the Commissioner committed           
          an abuse of discretion under section 6404 by failing to abate               
          assessments of interest relating to employment taxes.                       
          Background                                                                  
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the attached exhibits are                      
          incorporated herein by this reference.  At the time they filed              
          their petition, petitioners resided in Ceres, California.                   
               During 1988, petitioner2 and his brother Robert Woodral were           
          general partners in a partnership known as Woody's Transport (the           
          partnership).  On July 17, 1988, the partnership dissolved.                 
          Under the agreement to dissolve the partnership, Robert Woodral             
          agreed to pay any existing tax liabilities.                                 


               1  Sec. 6404(g) was redesignated sec. 6404(i) by the                   
          Internal Revenue Service Restructuring & Reform Act of 1998, Pub.           
          L. 105-206, secs. 3305(a), 3309(a), 112 Stat. 743, 745.                     
               2  References to "petitioner" are to petitioner William                
          Woodral.                                                                    



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