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concession that the Commissioner will abate all interest accruing
after May 31, 2000, we determine whether the Commissioner abused
his discretion under section 6404 by not abating more of the
interest. We hold he did not. Unless otherwise indicated,
section references are to the applicable versions of the Internal
Revenue Code. Rule references are to the Tax Court Rules of
Practice and Procedure.
FINDINGS OF FACT
Most facts were stipulated. We incorporate herein by this
reference the parties’ stipulation of facts and the exhibits
submitted therewith. We find the stipulated facts accordingly.
Petitioners resided in Phillips Ranch, California, when their
petition was filed with the Court.
Petitioners filed their 1995 Form 1040, U.S. Individual
Income Tax Return, on October 21, 1996, claiming an overpayment
of $286. A notice of deficiency for 1995 was issued to them
listing a deficiency of $11,073 (plus a penalty). They did not
petition the Court with respect to this notice. On April 13,
1998, the Commissioner assessed the deficiency, penalties, and
interest. On August 31, 1998, a Notice of Federal Tax Lien
(NFTL) was filed with respect to this assessment.
Petitioners filed their 1996 Form 1040 on October 16, 1997,
with a balance due of $4,732. They did not submit this balance
with their return. On November 17, 1997, the Commissioner
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