- 20 - Our jurisdiction to redetermine assessments of interest pursuant to section 6601 is limited. Section 7481(c) provides that if within 1 year after a decision becomes final, the taxpayer files a petition to redetermine interest, the Tax Court has overpayment jurisdiction with regard to the interest.17 Further, section 6404(i) provides the Tax Court with jurisdiction to review the Commissioner’s refusal to abate interest under section 6404. In his request for an Appeals hearing, petitioner contended that interest should not have accrued during his bankruptcy case. Because we view petitioner’s request as a request for an abatement of interest, we hold that we have jurisdiction to review the Appeals officer’s determination with regard to the interest that is the subject of respondent’s collection activities. Under preamendment section 6404(e),18 the Commissioner “may abate the assessment of interest on any payment of tax to the 17 Sec. 7481(c)(2)(A)(ii), however, requires that the taxpayer have “paid the entire amount of the deficiency plus interest” for the Tax Court to have overpayment jurisdiction with regard to the interest. 18 In 1996, sec. 6404(e) was amended under sec. 301 of the Taxpayer Bill of Rights 2, Pub. L. 104-168, 110 Stat. 1452, 1457 (1996), to permit the Secretary to abate interest with respect to an “unreasonable” error or delay resulting from “managerial” and ministerial acts. This amendment, however, applies to interest accruing with respect to deficiencies or payments for tax years beginning after July 30, 1996; therefore, the amendment is inapplicable to the case at bar. See Woodral v. Commissioner, 112 T.C. 19, 25 n.8 (1999).Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011