- 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 toPage: 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