- 10 - that Mr. Weiler is not relieved from liability for penalties and interest attributable or allocable to the $4,841 adjustment because it resulted from the disallowance of his expenses. Sec. 6015(b), (c), and (d); Hopkins v. Commissioner, supra. C. Underlying Liability for the Penalty and Interest Abatement In the stipulation of facts, Mr. Weiler conceded the adjustments determined in the notice of deficiency. Therefore, we do not construe his request that the penalty be waived to be a challenge to the merits of his underlying liability for the penalty. Accordingly, this is not in issue. Mr. Weiler’s contention that the interest attributable to the $4,841 adjustment should be abated is broad enough to be considered a request for interest abatement pursuant to section 6404. The concession in the stipulation of facts regarding the adjustments determined in the notice of deficiency can be read as not including the issue of interest abatement. For the sake of completeness, we shall address this issue. The Tax Court is a court of limited jurisdiction and may exercise jurisdiction only to the extent authorized by Congress. Naftel v. Commissioner, 85 T.C. 527, 529 (1985). The question of 7(...continued) in sec. 6015(d)(3)(B) does not apply because Mr. Weiler had sufficient income to offset the disallowed deduction. See Hopkins v. Commissioner, 121 T.C. ___ (2003)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011