Frank J. Gorgie and Rosalia Gorgie - Page 7




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          determined for years 1986 and 1987 and to a portion of the                    
          amounts determined for 1988.  The parties agreed to waive                     
          application of the fraud penalty and agreed to the assertion of               
          the negligence penalty.                                                       
               On November 28, 1990, petitioners made a designated payment              
          of interest in the amount of $752.  Petitioners filed Form 843,               
          Claim for Refund and Request for Abatement, on or around January              
          23, 1997.  On August 28, 1998, respondent mailed petitioners'                 
          Final Determination letter disallowing their claim to abate                   
          interest for tax years 1986, 1987, and 1988.  As of the date of               
          the August 28, 1998, Final Determination letter, petitioners'                 
          total interest and assessed interest for the years at issue was:              
               Year            Total Interest       Assessed Interest                   
               1986            $6,245.70           $1,961.83                            
               1987            25,217.17           6,367.64                             
               1988            13,551.06           3,235.92                             
                                        OPINION                                         
               Pursuant to section 6404(e)(1), the Commissioner may abate               
          part or all of an assessment of interest on any deficiency or                 
          payment of tax if either:  (1) The deficiency was attributable to             
          an error or delay by an Internal Revenue Service (Service)                    
          official in performing a ministerial act or (2) an error or delay             
          by the taxpayer in paying his or her tax is attributable to a                 
          Service official's being erroneous or dilatory in performing a                








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