- 7 - whether the Commissioner abused his discretion in declining to abate any portion of the interest under section 6404. Sec. 6404(h)(1). None of petitioner’s assertions provide a basis for respondent to have abated the assessment of interest under section 6404 with respect to petitioner’s taxable year 1982. Petitioner’s primary argument in the request for an abatement seems to have been that he should be credited with interest on a 1982 overpayment from the time the tax was due until the time he filed his return showing an overpayment, delinquent by nearly 5 years. This argument does not directly address the abatement issue. We note, however, that a taxpayer is never entitled to the payment of interest on an overpayment with respect to the time period preceding the filing of an untimely return. Sec. 6611(b)(3). Most of petitioner’s other assertions concern the accuracy of respondent’s deficiency calculations for taxable years 1980, 1981, and 1982, and the appropriateness of respondent’s crediting a portion of the 1982 overpayment to 1980 and 1981. First, the accuracy of any deficiency determined by respondent for any such year is not before this Court. Second, even if respondent should not have credited the 1982 withholding overpayment to the prior years because the period of limitations for crediting or refunding that overpayment has expired, see secs. 6402(a),Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011