- 2 - Rule references are to the Tax Court Rules of Practice and Procedure. The Court agrees with and adopts the opinion of the Special Trial Judge which is set forth below. OPINION OF THE SPECIAL TRIAL JUDGE PANUTHOS, Chief Special Trial Judge: On April 7, 2000, respondent issued a notice of final determination denying petitioner’s claim to abate interest for tax year 1980. Petitioner challenged the determination by timely filing a petition under section 6404(i) and Rule 281. The issue for decision is whether respondent abused his discretion in denying petitioner's request for abatement of interest assessed from July 1993, through the present date with respect to petitioner’s 1980 taxable year. FINDINGS OF FACT The stipulation of facts and the accompanying exhibits are incorporated herein by reference. Petitioner resided in Brandon, Florida, at the time his petition was filed with the Court. In 1983, petitioner invested in the First Energy Leasing tax shelter (First Energy) and claimed an investment tax credit of $10,000, of which he applied $3,670 to his 1983 tax liability. He carried back $6,330 of the credit to his 1980 tax year for which he filed a Form 1045, Application for Tentative Refund, received by the Cincinnati Service Center on March 20, 1984.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011