Estate of Donny David Doster - Page 9




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          after section 6330's effective date.  See Goza v. Commissioner,             
          supra at 182-183 (holding that receipt of a notice of deficiency            
          issued prior to January 19, 1999, precluded the taxpayer from               
          challenging the underlying liability).  We need not decide                  
          whether review of Appeals’ denial of the extension request is               
          precluded by section 6330(c)(4) because the Appeals’ denial was             
          raised by the estate and reconsidered by respondent.  Indeed,               
          respondent stated in the determination:  “We have reconsidered              
          your request for extension of time to pay and have concluded that           
          the decision of the appellate conferee was correct and not an               
          abuse of discretion.”  In sustaining the extension denial, the              
          Appellate conferee asserted his objection to allowing                       
          distributions to the beneficiary prior to payment of the estate’s           
          tax liability, and found unpersuasive the estate’s contention               
          that it could not pay the estate tax liability because it could             
          not “borrow * * * except at a rate of interest higher than that             
          generally available”.  Respondent’s refusal to reverse the                  
          Appellate conferee’s decision was not an abuse of discretion.               
          II. The Request for Abatement                                               
               The estate contends that it was entitled to raise, and have            
          considered at the hearing, its request for abatement.  Respondent           
          contends that this issue could not be raised during the hearing             
          because the estate took advantage of the opportunity to challenge           





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