- 12 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12
Last modified: May 25, 2011