Harry R. Gross - Page 7




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          Commissioner's failure to abate the additions to tax and interest              
          associated with his 1987 and 1988 tax years.  At trial and on                  
          brief, petitioner narrowed his request for review to 1988.                     
                                       Discussion                                        
          A.  Abatement of Additions to Tax                                              
               This Court is a court of limited jurisdiction, and we may                 
          exercise our jurisdiction only to the extent authorized by                     
          Congress.  See Naftel v. Commissioner, 85 T.C. 527, 529 (1985).                
          Section 6404(g)6 does not give this Court jurisdiction to review               
          respondent’s failure to abate additions to income tax.  See                    
          Krugman v. Commissioner, 112 T.C. 230, 237 (1999).  Therefore, we              
          may not review the Commissioner’s failure to abate the additions               
          to tax associated with petitioner’s 1988 tax year.                             
          B.  Abatement of Interest                                                      
               The Commissioner's authority to abate an assessment of                    
          interest involves the exercise of discretion, and this Court                   
          gives due deference to the Commissioner's discretion.  See                     
          Woodral v. Commissioner, 112 T.C. 19, 23 (1999); Mailman v.                    
          Commissioner, 91 T.C. 1079, 1082 (1988).  However, this Court may              
          order abatement where the Commissioner abuses his discretion by                




               6    Sec. 6404(g) was redesignated sec. 6404(i) by the                    
          Internal Revenue Service Restructuring and Reform Act of 1998,                 
          Pub.L. 105-206, secs. 3305(a), 3309(a), 112 Stat. 743, 745.                    





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