Thomas Frederick Dadian and Lois Ann Dadian - Page 8

                                        - 8 -                                         
          only for periods after the IRS has contacted the taxpayer in                
          writing with respect to the deficiency or payment.  Sec.                    
          6404(e)(1).                                                                 
               This Court may order abatement of interest only when the               
          Commissioner has abused his discretion in denying a taxpayer’s              
          request to abate interest.  Sec. 6404(h).  To show an abuse of              
          discretion, a taxpayer must prove that the Commissioner exercised           
          this discretion arbitrarily, capriciously, or without sound basis           
          in fact or law.  Woodral v. Commissioner, 112 T.C. 19, 23 (1999).           
               The Appeals officer denied petitioners’ request for                    
          abatement in part because the IRS did not notify them of the                
          Redwood audit until February 9, 2000, when the notice of                    
          adjustment was sent.  Section 6404(e) limits the Commissioner’s             
          authority to abate interest to periods after which the IRS has              
          contacted the taxpayer in writing about the deficiency or                   
          payment.                                                                    
               TEFRA requires the Commissioner to notify certain partners             
          of the beginning and ending of a partnership audit.  Sec.                   
          6223(a).  The Commissioner is not required to give notice to a              
          partner if the partnership has more than 100 partners, and the              
          partner has less than a 1-percent profits interest.  Sec.                   
          6223(b)(1).  In the case of an indirect partner owning an                   
          interest in the partnership through a pass-thru entity that would           
          otherwise be entitled to notice, the Commissioner is required to            






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next

Last modified: May 25, 2011