Peter and Margaret Giragosian - Page 5

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          Petitioners filed a timely petition in this Court appealing the             
          Appeals officer’s determination.4                                           
               The Court must decide whether petitioners are entitled to              
          relief from the Appeals officer’s determination.  Where the                 
          underlying tax liability is properly at issue, the Court reviews            
          that issue de novo.  Goza v. Commissioner, 114 T.C. 176, 181-182            
          (2000).  Although petitioners did not receive a notice of                   
          deficiency and were entitled to challenge the underlying tax                
          liability, they stipulated the correctness of the Commissioner’s            
          assessment.  Therefore, where the underlying tax liability is not           
          at issue, as in this case, this Court reviews the determination             
          under an abuse of discretion standard.  Sego v. Commissioner, 114           
          T.C. 603 (2000).  An abuse of discretion is defined as any action           
          that is unreasonable, arbitrary, or capricious, clearly unlawful,           
          or lacking sound basis in law, taking into account all the facts            
          and circumstances.  See, e.g., Thor Power Tool Co. v.                       
          Commissioner, 439 U.S. 522, 532-533 (1979); Swanson v.                      
          Commissioner, 121 T.C. 111, 119 (2003).                                     
               Petitioners seek an abatement of all penalties and interest            
          under section 6404 with respect to their taxable years 1998 and             
          1999 and claim that respondent’s failure to do so amounts to an             


               4Petitioners petitioned the Court challenging the underlying           
          tax deficiencies; however, they have since stipulated to the                
          underlying deficiencies and seek only an abatement of interest              
          and penalties.                                                              





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