- 3 - 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.Page: Previous 1 2 3 4 Next
Last modified: May 25, 2011