Law Offices of Michael B. L. Hepps - Page 7

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          Section 6212(a) authorizes the Secretary5 to issue notices of               
          deficiency with respect to taxes imposed by subtitle A or B or              
          chapter 41, 42, 43, or 44 of the Code.  These subtitles and                 
          chapters of the Code cover taxes on income, estates, gifts,                 
          certain qualified pension plans, and qualified investment                   
          entities.  The Code provisions related to employment taxes are              
          contained in subtitle C.                                                    
               The Commissioner’s authority to abate an assessment of                 
          interest involves the exercise of discretion, and we must give              
          due deference to the Commissioner’s discretion.  Woodral v.                 
          Commissioner, supra at 23; Mailman v. Commissioner, 91 T.C. 1079,           
          1082 (1988).  In order to prevail, petitioner must prove that the           
          Commissioner abused his discretion by exercising it arbitrarily,            
          capriciously, or without sound basis in fact or law.  Woodral v.            
          Commissioner, supra at 23; Mailman v. Commissioner, supra at                
          1084; see also sec. 6404(i)(1); Rule 142(a).                                
               In Woodral v. Commissioner, supra at 25, we held that the              
          Commissioner lacks authority under section 6404(e) to abate an              
          assessment of interest on employment taxes because neither                  
          section 6211 nor section 6212(a) mentions subtitle C.  We also              

               5The term “Secretary” means “the Secretary of the Treasury             
          or his delegate”, sec. 7701(a)(11)(B), and the term “or his                 
          delegate” means “any officer, employee, or agency of the Treasury           
          Department duly authorized by the Secretary of the Treasury                 
          directly, or indirectly by one or more redelegations of                     
          authority, to perform the function mentioned or described in the            
          context”, sec. 7701(a)(12)(A).                                              





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Last modified: May 25, 2011