Thomas and Julia Bo - Page 2

                                        - 2 -                                         
          2001.  The issue for decision is whether respondent’s denial of             
          petitioners’ remaining claim for abatement of interest relating             
          to petitioners’ 1991-95 tax years was an abuse of discretion.  We           
          hold that it was with respect to the time from July 3 to July 23,           
          2002.1                                                                      
               Section references are to the Internal Revenue Code as                 
          amended.  Rule references are to the Tax Court Rules of Practice            
          and Procedure.  References to petitioner are to Thomas Bo.                  
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          A.   Petitioners                                                            
               Petitioners are married and lived in Malabar, Florida, when            
          they filed the petition.  They have four children.                          
               Petitioner operated a business through which he sold,                  
          leased, and installed security, monitoring, and alarm systems.              
          Petitioner wife did the office work for the business including              
          compiling data needed to prepare petitioners’ tax returns.  At a            


               1  Respondent filed a motion for summary judgment which we             
          granted with respect to whether petitioners are entitled to                 
          relief under sec. 6404(e)(1)(A), which applies to any deficiency            
          attributable to any ministerial delay by respondent.  We did so             
          because respondent determined no deficiencies with respect to the           
          years in issue.  We denied respondent’s motion for summary                  
          judgment with respect to sec. 6404(e)(1)(B) and the flush                   
          language of sec. 6404(e)(1) as to whether petitioners’ delay in             
          paying their 1991-95 taxes was attributable to erroneous or                 
          dilatory performance of a ministerial act by an officer or                  
          employee of the Internal Revenue Service, and, if so, whether               
          petitioners caused any significant aspect of the delay.                     





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011