- 36 - 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).Page: Previous 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 Next
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