Harry R. Gross - Page 12




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          own correspondence and testimony indicate that the IRS employees               
          he interacted with were cooperative and patient with petitioner.               
          Petitioner admits he was aware that the law required him to file               
          a Form 1045 to elect whether his 1990 loss was to be carried back              
          or carried forward.  However, petitioner did not file a Form 1045              
          with his 1990 return.  Without instruction from petitioner,                    
          respondent did not act on petitioner’s 1990 net operating loss.                
          More pointedly, petitioner was able to ascertain the nature or                 
          amount of his tax liabilities when he contacted the IRS employees              
          in March 1992 but did not attempt to pay his liabilities.                      
          Further, when the revenue agent confirmed petitioner’s 1988                    
          account balance by letter in May 1992, petitioner did nothing for              
          almost 2 years.  Petitioner’s delay in paying his 1988 tax                     
          liabilities is solely attributable to petitioner.  Thus, the                   
          interest that accrued on petitioner’s 1988 tax liability between               
          April 15, 1991, and the present is not abatable.  On this record,              
          the Commissioner’s refusal to abate interest was not an abuse of               
          discretion under section 6404(e).  Respondent’s determination is               
          sustained.                                                                     


                                                    Decision will be entered             
                                               for respondent.                           









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