- 2 - addition to tax under section 6651(a).1 Respondent contends that this Court lacks jurisdiction to consider petitioner’s claim to abate an addition to tax. Respondent is not seeking dismissal of the request for review of the failure to abate interest. On June 22, 2000, respondent issued a notice of final determination partially allowing petitioner’s request to abate interest on his 1990 Federal income tax liability. Petitioner filed a petition to this Court under section 6404(i)2 and Rules 280-284. In the petition, petitioner alleged that the amount in dispute for 1990 was $4,656.86.3 Petitioner identified this amount as “Interest Billed (+ Any Accrued Interest)”. Petitioner disagreed with the amount of the partial allowance and stated that he believes he is entitled to an abatement of the full amount because he has paid all his taxes, including additions to tax. 1Unless otherwise indicated, all section references are to the Internal Revenue Code currently in effect, and all Rule references are to the Tax Court Rules of Practice and Procedure. 2Sec. 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. 3In his answer to the petition, respondent alleged that the $4,656.86 amount shown on the petition refers to interest and penalties accrued but unpaid on petitioner’s 1990 Federal income tax liability as of Sept. 4, 2000. Respondent alleged that $3,706.36 of this amount was attributable to interest, and the remaining $950.50 was attributable to a “failure to pay penalty”.Page: Previous 1 2 3 4 Next
Last modified: May 25, 2011