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held under sec. 6320(b), I.R.C., Ps challenged the
existence and amount of the interest underlying the
lien and, alternatively, requested an abatement of
interest under sec. 6404(a)(1) and (e)(1), I.R.C. R’s
Office of Appeals (O) upheld R’s recalculation of the
interest as correct and sustained R’s filing of the
lien as proper.
Held: Ps’ waiver in the Form 4549-CG does not
preclude Ps from challenging in this proceeding the
existence and amount of interest underlying the lien.
Held, further, under sec. 6330(c)(2)(B) and (d),
I.R.C., as made applicable by sec. 6320(c), I.R.C.,
this Court has jurisdiction to decide Ps’ alternative
claims that (1) R’s recalculation of interest for 1993
was incorrect and (2) R is precluded from collecting
the amount reflected in the recalculation.
Held, further, Ps’ interest for 1993 must be
computed by taking their NOL carrybacks into account at
the times set forth in sec. 6601(d)(1), I.R.C. The
fact that A listed in the Form 4549-CG a lower amount
of interest for 1993 and that Ps paid that lower amount
does not preclude R from now collecting the proper
amount of interest.
Held, further, Ps do not qualify for an abatement
of interest under sec. 6404(a)(1) or (e)(1), I.R.C.
William F. Urbano and Flota L. Urbano, pro sese.
Karen Nicholson Sommers, for respondent.
OPINION
LARO, Judge: This case is before the Court for decision
without trial. See Rule 122.1 Petitioners petitioned the Court
under section 6330(d)(1), as made applicable by section 6320(c),
1 Rule references are to the Tax Court Rules of Practice and
Procedure. Unless otherwise indicated, section references are to
the applicable versions of the Internal Revenue Code.
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