Robert Coco and Laureen Coco - Page 4




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          interest under section 6404(e)(1) for the tax year 1978.                    
          Respondent noted that section 6404(e)(1) “authorizes interest               
          abatement only for tax years beginning after 1978”.                         
               Petitioners filed a timely petition and amended petition for           
          review of respondent’s denial of their request for abatement of             
          interest.  In their amended petition, petitioners allege that               
          respondent should have abated interest because of respondent’s 7-           
          year delay in providing petitioners with a notice of assessment             
          or statement of tax for 1978.                                               
               Respondent filed the instant motion,2 asserting that the               
          abatement of interest for tax year 1978 was properly denied on              
          the ground that respondent lacks the authority to abate interest            
          for the tax year 1978.                                                      
               Petitioners filed an opposition to respondent’s motion.                
          Petitioners contend that this Court has absolute authority to               
          consider any refusal of abatement of interest under section                 
          6404(e).  Further, petitioners argue that Congress did not intend           
          to deny a taxpayer the opportunity for an abatement of interest             
          for taxable years ending before January 1, 1979.                            
          Discussion                                                                  
               Rule 40 provides that a party may file a motion to dismiss             
          for failure to state a claim upon which relief can be granted.              



               2    The Court granted leave to file respondent’s Motion to            
          Dismiss for Failure to State a Claim.                                       





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