Bharat S. Parikh - Page 3

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          10, 2002, petitioner, while residing in Gaithersburg, Maryland,             
          filed his petition with this Court.                                         
                                       OPINION                                        
               Petitioner seeks a remand to the Appeals Office for further            
          proceedings because he contends that the Appeals officer failed             
          to complete the hearing process or take into consideration his              
          request for an abatement of interest and penalties.2                        
               We agree with petitioner that his hearing was not completed            
          and that respondent failed to consider his request for an                   
          abatement of interest and penalties.  We, however, consider                 
          petitioner’s contentions and conclude that they lack merit and              
          are legally insufficient to forestall collection.  Petitioner did           
          not pay his 1988 and 1992 tax liabilities.  As a result, section            
          6404(e) does not permit an abatement of the interest that accrued           
          on the unpaid tax before respondent contacted petitioner in                 
          writing relating to petitioner’s 1988 and 1992 tax liabilities.             
          Downing v. Commissioner, 118 T.C. 22, 31 (2002).  In addition,              
          interest accrued after respondent contacted petitioner may not be           
          abated because there is no evidence that the accrual of such                
          interest was attributable to respondent’s error or delay in                 
          performing a ministerial act.  Sec. 6404(e)(1); Katz v.                     
          Commissioner, 115 T.C. 329, 341 (2000).  Furthermore, petitioner            


               2  The record does not disclose the nature of the penalties            
          for which respondent contends petitioner is liable.                         





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