John M. Mekulsia - Page 2

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          and adopts the opinion of the Special Trial Judge, which is set             
          forth below.                                                                
                         OPINION OF THE SPECIAL TRIAL JUDGE                           
               GOLDBERG, Special Trial Judge:  On August 14, 2000,                    
          respondent issued a notice of final determination denying                   
          petitioner’s claim under section 6404(e) for abatement of                   
          interest related to petitioner’s 1982 through 1987 taxable years.           
          Petitioner timely filed a petition with this Court under section            
          6404(i)2 and Rules 280 through 2843 to review respondent’s                  
          determination.                                                              
               Shortly before the scheduled trial date, respondent filed a            
          motion under Rule 120(a) for judgment on the pleadings.  The                
          motion was taken under consideration, and the trial proceeded on            
          the merits.                                                                 
               The only issue for decision is whether respondent abused his           
          discretion in denying petitioner’s request to abate interest                


               1(...continued)                                                        
          filed, and all Rule references are to the Tax Court Rules of                
          Practice and Procedure.                                                     
               2  Sec. 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. 2435 (2002).                                        
               3  Sec. 6404(i), as cited throughout this opinion, was                 
          originally enacted as sec. 6404(g) by the Taxpayer Bill of Rights           
          2 (TBOR 2), Pub. L. 104-168, sec. 302, 110 Stat. 1457 (1996).               
          Sec. 6404(g) was redesignated sec. 6404(i) by the Internal                  
          Revenue Service Restructuring & Reform Act of 1998, Pub. L. 105-            
          206, secs. 3305(a), 3309(a), 112 Stat. 743, 745.                            





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