Raymond M. and Joy D. Jean - Page 2




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          petition to this Court under section 6404(i)1 and Rule 280.                 
          After concessions,2 the sole issue to be decided is whether                 
          respondent abused his discretion by denying petitioners’ request            
          to abate interest for the aforementioned periods.                           
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          The stipulation of facts and the accompanying exhibits are                  
          incorporated herein by this reference.  Petitioners resided in              
          Hollister, California, at the time the petition was filed.                  
               On December 8, 1994, respondent notified petitioners that              
          their Federal income tax return for taxable year 1993 had been              
          selected for audit.  On January 31, 1995, petitioners met with              
          Tax Auditor Elaine Erickson (Ms. Erickson)3 in order to commence            
          the audit of their 1993 tax return.  Sometime during March 1995,            
          Ms. Erickson attended Phase II business audit training.  Sometime           
          between March and October 1995, Ms. Erickson attended Financial             
          Status training.  Sometime during October 1995, through February            


               1Sec. 6404(i) was redesignated sec. 6404(h) by the Victims             
          of Terrorism Tax Relief Act of 2001, Pub. L. 107-134, sec.                  
          112(d)(1)(B), 115 Stat. 2427, 2434-2435.  Unless otherwise                  
          indicated, all section references are to the Internal Revenue               
          Code in effect at the time the petition was filed, and all Rule             
          references are to the Tax Court Rules of Practice and Procedure.            
               2At trial, the parties stipulated a partial settlement.                
          Respondent agreed to abate the interest for one-half of the                 
          period that spans Jan. 21 through Aug. 6, 1998.                             
               3Ms. Erickson is also known by the names Elaine Hess and               
          Elaine Sisk.                                                                




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