- 5 - registers for March-May 2002. Petitioner did not complete the Form 433-A or submit copies of his bank statements to the IRS by July 8, 2002. On July 18, 2002, the IRS sent petitioner a Notice of Determination Concerning Collection Action(s) Under Section 6320 and/or 6330. That notice stated that the filing of the notice of tax lien was “appropriate and reasonable under the circumstances” and thus would not be withdrawn. The notice further stated that the IRS would not abate the interest or additions to tax. The reason given for denying petitioner’s request for the abatement of interest was: The interest cannot be abated since the interest is assessed on underpayments in tax, and the abatement provisions or I.R.C. Section 6404(e) only pertains to the assessment of interest on a deficiency attributable in whole or in part to any unreasonable error [or] delay by an officer or employee of the Internal Revenue Service (acting in his official capacity) in performing a ministerial or managerial act. The reason given for denying petitioner’s request for the abatement of additions to tax was: The delinquency penalty and failure to pay penalty will not be abated since you have failed to show that your failure to timely file and pay the tax due was due to reasonable cause and not willful neglect. The estimated tax penalty will not be abated since you have failed to show that you qualify for a statutory waiver provided by I.R.C. 6654(e). On August 20, 2002, petitioner filed a petition with this Court under section 6330(d) disputing respondent’s determinations. See sec. 6320(c).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011