Linda M. Weiler, a.k.a. Linda M. Krupnick - Page 11

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            the Court’s jurisdiction is fundamental and must be addressed                               
            when raised by a party or on the Court’s own motion.  Id. at 530.                           
                  Consistent with section 6404(h)(1), the Court’s jurisdiction                          
            over interest abatement cases depends on a valid notice of final                            
            determination and a timely filed petition for review.  See Rule                             
            280(b); Gati v. Commissioner, 113 T.C. 132, 134 (1999).  But cf.                            
            Katz v. Commissioner, 115 T.C. 329, 340-341 (2000).  The Court                              
            does not have jurisdiction to decide whether the Commissioner’s                             
            failure to abate interest under section 6404 constitutes an abuse                           
            of discretion unless or until the Commissioner has made a “final                            
            determination” not to abate interest.  Bourekis v. Commissioner,                            
            110 T.C. 20, 25-26 (1998); Sigel v. Commissioner, T.C. Memo.                                
            2001-138.                                                                                   
                  The record does not indicate that Mr. Weiler submitted a                              
            request for interest abatement or that respondent made a final                              
            determination denying a request for interest abatement.                                     
            Accordingly, we conclude that the Court lacks jurisdiction under                            
            section 6404(h) to decide this issue.8                                                      

                  8  This is so regardless of whether Mr. Weiler raised this                            
            issue in a petition from the notice of deficiency or the notice                             
            of determination.  See Block v. Commissioner, 120 T.C. 62, 68                               
            (2003) (in a “stand alone” case brought pursuant to sec. 6015(e)                            
            our jurisdiction is limited to reviewing the Commissioner’s                                 
            denial of relief from an existing joint and several tax liability                           
            under subsecs. (b), (c), and (f) of sec. 6015); Muir v.                                     
            Commissioner, T.C. Memo. 2000-304 n.2 (in the deficiency context,                           
            consideration of a taxpayer’s request for abatement of interest                             
            is premature as there has been no assessment of interest), affd.                            
                                                                          (continued...)                





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