Maurice W. Spiegel - Page 2




                                        - 2 -                                         
          years.1  Petitioner timely filed a petition under section                   
          6404(g)2 and Rule 280.                                                      
               The sole issue for decision is whether respondent’s denial             
          of petitioner’s request to abate interest relating to his 1989,             
          1991, and 1992 tax years was an abuse of discretion.  We hold               
          that it was not.                                                            
               Section references are to the Internal Revenue Code as                 
          amended.  Rule references are to the Tax Court Rules of Practice            
          and Procedure.                                                              
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          A.   Petitioner and the $150,000 Estimated Tax Payment                      
               Petitioner resided in Boca Raton, Florida, when he filed his           
          petition.  He is a retired attorney.                                        
               On April 15, 1986, petitioner paid $150,000 in estimated tax           
          to respondent from his and his wife’s joint checking account.               
          Respondent credited the payment to petitioner’s 1986 tax year.              


               1  Respondent concedes that the statute of limitations on              
          collections bars respondent from collecting any tax liability for           
          petitioner’s 1987 tax year.  Thus, abatement of interest                    
          associated with petitioner’s 1987 tax year is moot.                         
               2  This was redesignated sec. 6404(i) by the Internal                  
          Revenue Service Restructuring and Reform Act of 1998, Pub. L.               
          105-206, secs. 3305(a), 3309(a), 112 Stat. 685, 743, 745.                   
               Sec. 6404(i) was later redesignated sec. 6404(h) by the                
          Victims of Terrorism Relief Act of 2001, Pub. L. 107-134, sec.              
          112(d)(1)(B), 115 Stat. 2427, 2434-2435.                                    





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  Next

Last modified: May 25, 2011