Larry D. & Gail Scott - Page 2




                                        - 2 -                                         
                         OPINION OF THE SPECIAL TRIAL JUDGE                           
               CARLUZZO, Special Trial Judge:  On September 16, 1998,                 
          respondent issued a notice of final determination denying                   
          petitioners' request to abate interest on income tax deficiencies           
          for the years 1989 and 1990.  In response to the notice,                    
          petitioners filed a timely petition pursuant to section 6404(i).            
               The issue for decision is whether respondent’s failure to              
          abate interest assessed on petitioners’ 1989 and 1990 income tax            
          deficiencies was an abuse of discretion.                                    
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          Petitioners are husband and wife.  At the time the petition was             
          filed, petitioners resided in Lucedale, Mississippi, and their              
          net worth did not exceed $2 million.  References to petitioner              
          are to Larry D. Scott.                                                      
               Petitioner is and was during all relevant times the sole               
          proprietor of a general contracting business (the business).  A             
          portion of petitioners’ residence was used as an office in                  
          connection with the business.  During 1989 and 1990, the income             
          petitioner earned and the expenses he incurred in connection with           
          the business were reported on Schedules C, Profit or Loss From              
          Business (Sole Proprietorship), included with the joint Federal             
          income tax returns timely filed by petitioners for those years.             








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011