William and Helen Woodral - Page 11




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          charities; private foundations and certain other tax-exempt                 
          organizations; qualified pension, etc., plans; and qualified                
          investment entities.  See Speers v. United States, 38 Fed. Cl.              
          197, 201 (1997).  The Code contains the provisions related to               
          employment taxes in subtitle C, and subtitle C is not mentioned             
          in section 6211 or section 6212(a).                                         
               Based on our review of section 6404(e) and the Code sections           
          it references, we hold that the Commissioner lacks the authority            
          to abate assessments of interest on employment taxes under                  
          section 6404(e).  As the Commissioner has no authority to abate             
          assessments of interest on employment taxes under section                   
          6404(e), the Commissioner could not have committed an abuse of              
          discretion--a person with no discretion simply cannot abuse it.             
               To reflect the foregoing,                                              
                                                  Decision will be entered            
                                             for respondent.                          



















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