Aaron Douglas Law - Page 7

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               Section 6404(e)(2) provides:                                           

               The Secretary shall abate the assessment of all interest on            
               any erroneous refund under section 6602 until the date                 
               demand for repayment is made, unless–-(A) the taxpayer (or a           
               related party) has in any way caused such erroneous refund,            
               or (B) such erroneous refund exceeds $50,000.                          

               Without passing upon the question of whether the refund in             
          this case constitutes an erroneous refund that was caused by                
          petitioner's failure to include a computation of the AMT, this              
          Court has no jurisdiction over an abatement of interest issue               
          arising under section 6404(e).  As the Court noted in 508 Clinton           
          St. Corp. v. Commissioner, 89 T.C. 352, 355 (1987):  "Section               
          6404(e), by its very terms, does not operate until after there              
          has been an assessment of interest, which has not yet occurred in           
          this case."  In this case, neither the deficiency nor the                   
          interest on the deficiency has been assessed, nor can any                   
          assessment be made until the decision in this case is entered.              
          Petitioner may file with respondent an administrative request for           
          abatement of any interest assessed.  If, in a notice of final               
          determination, petitioner's request is denied, petitioner may               
          then petition this Court for a review of that determination.                
          However, this Court will order an abatement only if it is shown             
          that the Commissioner abused his discretion in denying the                  








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