- 4 - petitioner was informed that, to pursue the matter further, she had to pay the balance due and submit a claim for refund on Form 843, Claim for Refund and Request for Abatement. On or about May 16, 1994, petitioner submitted a check to respondent for $21,706.47, paying the full amount of tax, penalty, and interest owing on the unpaid employment tax liabilities. On May 15, 1996, petitioner submitted eight separate Forms 843 seeking abatement of interest assessed on the employment tax liabilities. On November 12, 1998, respondent mailed to petitioner a final determination denying petitioner’s claim for interest abatement. Petitioner filed a petition to contest respondent’s determination not to abate interest under section 6404(e)(1) for the taxable years in issue, claiming that respondent’s denial was an abuse of discretion. Discussion Respondent argues that there was no abuse of discretion under section 6404(e) because respondent is not authorized under section 6404(e)(1) to abate interest assessed with respect to employment taxes. Respondent relies on our holding in Woodral v. Commissioner, 112 T.C. 19 (1999). Petitioner argues that Woodral was incorrectly decided, that respondent has the authority to abate interest on employment taxes, and that respondent’s failure to abate the interest in this case under section 6404(e)(1) was an abuse of discretion.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011