- 4 - Discussion This Court has jurisdiction under section 6330 to review the Commissioner’s administrative determinations. Sec. 6330(d). Where the validity of the underlying tax liability is not at issue, we review the determination for abuse of discretion. Sego v. Commissioner, 114 T.C. 604, 610 (2000). Where the underlying tax liability is in issue, we review de novo. Goza v. Commissioner, 114 T.C. 176, 181 (2000). Petitioners do not appear to argue that the failure of respondent to accept the OIC was an abuse of discretion. Accordingly, we need not, and do not, consider whether the Appeals officer’s refusal to accept the OIC submitted by petitioners was arbitrary, capricious, or without sound basis in fact or law. See Woodral v. Commissioner, 112 T.C. 19, 23 (1999). We do however consider the question of abatement of interest and additions to tax. A. Abatement of Interest We have jurisdiction over petitioners’ request for abatement of interest because the Court has jurisdiction to review the Commissioner’s refusal to rebate interest under section 6404. Katz v. Commissioner, 115 T.C. 329, 340-341 (2000); Moore v. Commissioner, 114 T.C. 171, 175 (2000). This Court may order an abatement of interest if the Commissioner abuses his discretion in failing to abate interest. Sec. 6404(h)(1). The taxpayerPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011