George Ira Nicol - Page 13

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          2.  Abatement of Interest                                                   
               At trial, petitioner contested the interest that had accrued           
          on the 1993 deficiency.  This issue arguably goes beyond the                
          scope of the issues defined in the petition.  See Rule 331(b)(4).           
          However, respondent did not object.  Accordingly, the Court                 
          regards this issue as having been tried by consent, and it shall            
          be treated as if it had been raised in the petition.  See Rule              
          41(b).                                                                      
               If, as part of a CDP Hearing, a taxpayer makes a request for           
          abatement of interest, the Court has jurisdiction over the                  
          request for abatement of interest that is the subject of the                
          Commissioner's collection activities.  Katz v. Commissioner, 115            
          T.C. 329, 340-341 (2000).  Generally, the Court considers only              
          arguments, issues, and other matters that were raised by the                
          taxpayer at the CDP Hearing or otherwise brought to the attention           
          of the Appeals Office.  Magana v. Commissioner, 118 T.C. 488, 493           
          (2002); Miller v. Commissioner, 115 T.C. 582, 589 n.2 (2000),               
          affd. per curiam 21 Fed. Appx. 160 (4th Cir. 2001); Sego v.                 
          Commissioner, 114 T.C. at 612.                                              
               The record does not demonstrate that petitioner raised at              
          the CDP Hearing any issue concerning the accrued interest on the            
          1993 deficiency.  While Mrs. Nicol inquired about the interest on           
          the 1997 deficiency, she never inquired about interest on the               
          1993 deficiency, nor did she ask for an abatement of either.                






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