Larry G. Schuster - Page 4




                                        - 4 -                                         
          $120.48, respectively.5  As a result of the second levy,                    
          petitioner’s 1994 tax liability was satisfied.                              
               On August 10, 1998, petitioner filed a Form 843, Claim for             
          Refund and Request for Abatement, for the 1993 and 1995 taxable             
          years.  On October 23, 1998, respondent denied petitioner’s claim           
          for interest abatement.  On November 21, 1998, petitioner filed             
          an appeal with respondent’s Appeals Office.  On March 3, 1999,              
          respondent issued a notice of final determination denying                   
          petitioner’s claim for abatement of interest.  Petitioner timely            
          filed a petition to this Court seeking review of respondent’s               
          failure to abate interest.                                                  
          Discussion                                                                  
               This Court may order an abatement of interest only where               
          there is an abuse of discretion by the Commissioner in refusing             
          to abate interest.  See sec. 6404(i).  In order to show an abuse            
          of discretion, petitioner must establish that respondent                    
          exercised his discretion arbitrarily, capriciously, or without              
          sound basis in fact or law.  See Rule 142(a); Woodral v.                    
          Commissioner, 112 T.C. 19, 23 (1999).                                       
               Petitioner argues that interest should be abated because the           
          July 20, 1997, levy resulted in the collection of interest for              
          the taxable year 1993, after such interest had been paid in full            
          by proceeds from the June 12, 1997, levy.  Petitioner argues that           

               5These amounts were credited to petitioner’s 1994, 1995, and           
          1996 accounts as of Aug. 14, 1997.                                          




Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011