- 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
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