- 57 - Commissioner, 82 T.C. 989, 999, 1000 (1984), is instructive in that regard: However, once our deficiency jurisdiction has been properly invoked, we will examine de novo the merits of respondent’s deficiency determinations, including his exercise of discretion under section 6081 [filing extension], to the extent that the alleged deficiency and any addition to tax within our deficiency jurisdiction (see sec. 6662) [now sec. 6665] turn upon respondent’s discretionary actions. * * * * * * Rather, our review of respondent’s denial of an extension of time to file the estate tax return in this case is necessary for us to determine the merits of respondent’s substantive determination of a deficiency. Here the sole reason for denial of the section 2032A special use election (and hence the basis for the major portion of the asserted deficiency) is the assertion that the estate tax return was not timely filed. The approach suggested by Estate of Gardner (albeit in the context of whether the Commissioner’s discretion under section 6081 is reviewable at all) is an appropriate and workable means of determining whether our review of an exercise of discretion by the Commissioner is properly the subject of a trial de novo. Applying that test to section 6015(f), the Commissioner’s exercise of discretion under that provision is not relevant to his determination of the existence or amount of a deficiency in 12(...continued) majority opinion cites three recent interest abatement cases (each the subject of a memorandum opinion) in which we conducted trials de novo. Majority op. p. 12. While the issue is not before us today, we would conclude that, for the same reasons discussed herein, our review of the Commissioner’s interest abatement denials is not properly the subject of de novo proceedings.Page: Previous 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 Next
Last modified: May 25, 2011