William F. Urbano and Flota L. Urbano - Page 2

                                        - 2 -                                         
               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.                               


               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.                       

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next

Last modified: May 25, 2011