Laurence L. and Patricia Jacobs - Page 13




                                       - 13 -                                         
               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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