Joseph F. and Caroline Enos - Page 36

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         the bankruptcy trustee paid respondent in March 2000.                        
         Accordingly, petitioners are not permitted to have the interest              
         on their unpaid income tax liability abated under section 6404.              
         See H. Conf. Rept. 99-841 (Vol. II), at II-811 (1986), 1986-3                
         C.B. (Vol. 4) 1, 811; see also sec. 6404(e); Downing v.                      
         Commissioner, 118 T.C. 22, 30-31 (2002); Parikh v. Commissioner,             
         T.C. Memo. 2003-341.  Moreover, for the interest that accrued                
         after the payment from the bankruptcy trustee, there is no                   
         evidence that the accrual of that interest was attributable to               
         respondent’s error or delay in performing a ministerial duty.                
         See sec. 6404(e); Katz v. Commissioner, 115 T.C. 329, 341 (2000);            
         Parikh v. Commissioner, supra.                                               
              Petitioners contend that we have jurisdiction to hold MMI’s             
         bankruptcy trustee personally liable for wrongfully refusing to              
         surrender petitioners’ property during the pendency of the MMI               
         bankruptcy, pursuant to 31 U.S.C. secs. 191 and 192 and sections             
         6331 and 6332.  Respondent did not send MMI’s bankruptcy trustee             
         a notice of deficiency or any other type of determination over               
         which this Court has jurisdiction, and MMI’s bankruptcy trustee              
         is not a party to this case.  Accordingly, we lack jurisdiction              
         to decide this issue.  See generally Estate of Siegel v.                     
         Commissioner, 67 T.C. 1033, 1040 (1977); Cincinnati Transit, Inc.            
         v. Commissioner, 55 T.C. 879, 882-883 (1971), affd. 455 F.2d 220             
         (6th Cir. 1972).                                                             






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