- 21 - perceived as grossly unfair.” H. Rept. 99-426, at 844 (1985), 1986-3 C.B. (Vol. 2) 1, 844; S. Rept. 99-313, at 208 (1986), 1986-3 C.B. (Vol. 3) 1, 208. B. Jurisdiction of the Tax Court The Tax Court is a court of limited jurisdiction, and we may exercise our jurisdiction only to the extent authorized by Congress. Sec. 7442; Naftel v. Commissioner, 85 T.C. 527, 529 (1985). In proceedings brought by a taxpayer for a review of the Commissioner’s denial of the taxpayer’s request to abate interest, as in the present case, the jurisdiction of this Court is limited solely to a determination as to whether the Commissioner abused his discretion in declining to abate any portion of the interest under section 6404. See sec. 6404(i); Vanstone v. Commissioner, T.C. Memo. 2002-133. “When reviewing the Commissioner’s determination pursuant to section 6404, our inquiry is a factual one, and we proceed on a case-by-case basis.” Jacobs v. Commissioner, T.C. Memo. 2000- 123. Since the Commissioner’s power to abate interest involves the exercise of discretion, we give the Commissioner’s determination due deference. Woodral v. Commissioner, 112 T.C. 19, 23 (1999). We review the Commissioner’s determination not to abate interest applying an abuse of discretion standard. See sec. 6404(i); Camerato v. Commissioner, supra.Page: Previous 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 Next
Last modified: May 25, 2011