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On July 8, 1996, respondent mailed an FPAA to petitioners
James and Janice Geis.
A Form 870-P(AD) was mailed to petitioners Laurence and
Patricia Jacobs on August 14, 1995, but they did not sign the
settlement letter until June 30, 1996. The OSC received the
Jacobses' settlement letter on July 11, 1996.
As of the date of the Geises' letter finally determining
that interest would not be abated, the Geises' total interest
liability was $21,298.31 and their assessed interest was $734.77
for tax year 1983. The Geises have not made any payments of
interest. As of the date of the Jacobses' letter finally
determining that interest would not be abated, the Jacobses'
total interest liability was $17,629.17 for tax year 1983. The
Jacobses made the following payments of interest which relate to
the TLP issue: $10,000 on or around August 6, 1998; $9,231.84 on
or around August 31, 1998; and $300.91 on or around October 7,
1998.
Discussion
Pursuant to section 6404(e)(1), as it applies to the
instant case,8 the Commissioner may abate part or all of an
8 Congress amended sec. 6404(e) during 1996 to permit
abatement of interest for any "unreasonable" error and delay in
performing a ministerial "or managerial" act. Taxpayer Bill of
Rights 2 (TBOR 2), Pub. L. 104-168, sec. 301(a)(1) and (2), 110
Stat. 1452, 1457 (1996). That amendment, however, applies only
to tax years beginning after July 30, 1996, and, therefore, does
(continued...)
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