Law Offices of Michael B. L. Hepps - Page 5

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          requirements of Rule 281(b), we ordered petitioner to file a                
          proper amended petition by January 27, 2004.  On February 2,                
          2004, petitioner’s amended petition was filed.4                             
               On June 2, 2004, respondent’s motion was filed.  In his                
          motion, respondent contends that his determination not to abate             
          interest was not an abuse of discretion because, under sections             
          6404(e), 6211, and 6212(a) and Woodral v. Commissioner, 112 T.C.            
          19 (1999), he lacks the authority to abate assessments of                   
          interest on employment taxes.  Respondent also contends that                
          section 6404(a) does not apply because petitioner “has not                  
          suggested that any of the interest assessed was excessive or                
          miscalculated.”                                                             
               On June 28, 2004, petitioner’s response opposing                       
          respondent’s motion was filed.  In its response, petitioner                 
          contends that “numerous representatives of the Government have              
          indicated that what occurred was entirely the Government’s fault            
          and that the interest should be abated” and that the Service                
          “ought to be held to their word.”  Petitioner also denied                   
          respondent’s contention that section 6404(a) did not apply.                 
               This case was scheduled for hearing at the Court’s September           
          7, 2004, Philadelphia, Pennsylvania, trial session.  Counsel for            
          both parties appeared and presented oral arguments on the motion.           


               4Respondent does not dispute the timeliness of petitioner’s            
          amended petition.                                                           





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