- 2 - OPINION OF THE SPECIAL TRIAL JUDGE ARMEN, Special Trial Judge: On May 9, 2000, respondent issued a notice of final determination denying petitioners’ claim to abate interest for the taxable year 1993. Petitioners timely filed a petition under section 6404(i) and Rules 280-284.2 The issue for decision is whether respondent abused his discretion by denying petitioners’ claim for abatement of interest for the taxable year 1993. We hold that respondent did not abuse his discretion. FINDINGS OF FACT Many of the facts have been stipulated, and they are so found. Petitioners resided in Irvine, California, at the time that their petition was filed with this Court. A. Petitioners’ 1993 Tax Return and Unpaid Tax Liability Prior to 1993, Robert Spurgin (petitioner) invested in a partnership known as “IWF North America” (IWF). Including petitioner, there were a total of five partners in IWF. In 1990, a dispute arose among the partners regarding the allocation of a $3 million distribution to be made by IWF. Petitioner sued the other partners in order to resolve the 2 Sec. 6404(i) was originally enacted as sec. 6404(g) by the Taxpayer Bill of Rights 2 (TBOR 2), Pub. L. 104-168, sec. 302, 110 Stat. 1457 (1996). Sec. 6404(g) was redesignated as sec. 6404(i) by the Internal Revenue Service Restructuring & Reform Act of 1998, Pub. L. 105-206, secs. 3505(a), 3309(a), 112 Stat. 743, 745. However, Title XXVII of the Tax Court Rules of Practice and Procedure, dealing with actions for review of failure to abate interest, continues to reflect the original statutory designation.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011