CHARLES EDWIN LYKES - Page 5

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          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          circumstances” and thus would not be withdrawn.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).                                          







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