- 15 - period respondent misplaced petitioners’ offer in compromise was an abuse of discretion. We disagree. The conference committee report for the Tax Reform Act of 1986 states in pertinent part as follows: “If a taxpayer files a return but does not pay the taxes due, this provision would not permit abatement of this interest regardless of how long the IRS took to contact the taxpayer and request payment.” H. Conf. Rept. 99-841 (Vol. II), at II-811 (1986), 1986-3 C.B. (Vol. 4) 1, 811. Thus, if the taxpayer files a return but does not pay the tax owed, section 6404(e) does not apply to interest that accrues on the unpaid tax before the Commissioner contacts the taxpayer in writing with respect to the tax. Petitioners filed their 1995 income tax return but paid nothing and proposed to pay only $5,000 of the $32,561 due. They seek an abatement of the interest that accrued on the unpaid tax before the Commissioner first contacted them in writing with regard to it. Section 6404(e) does not permit such an abatement in this case. Thus, we hold that respondent’s failure to abate interest from April 15, 1996 (the date respondent misplaced petitioners’ offer in compromise), to April 16, 1997 (the date respondent returned petitioners’ $5,000 offer in compromise payment to them), was not an abuse of discretion. Petitioners contend that respondent delayed in providing information about housing, utilities, and transportation expenses to be used in computing the offer in compromise. PetitionersPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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