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The Court agrees with and adopts the opinion of the Special Trial
Judge, which is set forth below.
OPINION OF THE SPECIAL TRIAL JUDGE
COUVILLION, Special Trial Judge: Respondent issued a notice
of final determination denying petitioner's claim to abate
interest for his 1988 taxable year. Petitioner filed a timely
petition for review of that determination with this Court. The
sole issue for decision is whether petitioner is entitled to an
abatement of interest pursuant to section 6404(e).2
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. Petitioner's legal
residence at the time the petition was filed was Tampa, Florida.
After receiving an extension of time to file, petitioner
filed his 1988 Federal income tax return timely on August 15,
1989. On the return, petitioner reported adjusted gross income
of $184,222,3 income tax due of $50,742, self-employment tax due
2 Unless otherwise indicated, all section references are
to the Internal Revenue Code in effect for the year at issue.
3 Petitioner reported a $241,690 loss and no tax due on
his 1987 Federal income tax return. The $241,690 loss reported
on petitioner's 1987 return was applied as a net operating loss
carryforward in the calculation of petitioner's 1988 adjusted
gross income figure.
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