Donald B. Hawksley - Page 15




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          F.  Petitioner’s Claim for Abatement                                        
               On August 24, 1998, respondent issued petitioner a notice              
          indicating that the balance due on his income tax liability for             
          1986 was $24,989.86.  Of this amount, $24,230.89 pertained to               
          interest and the balance to one or more penalties.                          
               On February 5, 1999, petitioner filed a claim for abatement            
          of interest and penalties for 1986.                                         
               On April 7, 1999, respondent sent petitioner a letter                  
          stating that respondent could not allow petitioner’s claim for              
          abatement of interest and penalties.  Thereafter, on June 2,                
          1999, respondent’s Appeals Office sent petitioner a Notice of               
          Final Determination formally disallowing petitioner’s claim for             
          abatement.  The notice stated, in part, as follows:                         
               Although delays occurred from the date of the initial                  
               contact letter * * * until 5/11/98 when the second tax                 
               abatement was granted, the delay was not caused by a                   
               Service employee.  The delay appears to have been                      
               caused when you relied on an unauthorized                              
               representative to represent you on the examination of                  
               your 1986 tax return.  When no protest was received in                 
               response to the audit report mailed to you on 10/31/89                 
               the case was forwarded for issuance of the statutory                   
               notice of deficiency.  The statutory notice of                         
               deficiency was issued 3/19/90 and when you did not file                
               a petition with Tax Court within the 90-day period, the                
               tax assessment was made 8/20/90.                                       
               Subsequent to this, you provided information to warrant                
               a $23,785.64 tax abatement on 5/27/96 and furnished                    
               additional information to justify another tax abatement                
               in the amount of $9,453.66 on 5/11/98.                                 
               The information was not provided to the examiner prior                 
               to issuance of the statutory notice of deficiency.                     
               Once the information was provided in 1996 and 1998, it                 





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