- 4 - 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.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011