Law Offices of Michael B. L. Hepps - Page 8

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          held that because the Commissioner has no authority to abate                
          assessments of interest on employment taxes under section                   
          6404(e), he cannot commit an abuse of discretion by refusing to             
          do so because “a person with no discretion simply cannot abuse              
          it.”  Id.                                                                   
               Because our Opinion in Woodral is controlling, we hold that            
          respondent is entitled to summary judgment on petitioner’s claim            
          for abatement under section 6404(e).  Respondent has no authority           
          under section 6404(e) to abate the interest assessed on                     
          petitioner’s unpaid employment taxes, and, consequently,                    
          respondent did not abuse his discretion by refusing to abate the            
          interest in this case.                                                      
               B.  Section 6404(a)                                                    
               Petitioner also contends that respondent should have abated            
          interest under section 6404(a).  We construe petitioner’s                   
          argument to be that respondent’s failure adequately to consider             
          section 6404(a) precludes the entry of a summary judgment.                  
          Section 6404(a) provides as follows:                                        
                    SEC. 6404(a).  General Rule.--The Secretary is                    
               authorized to abate the unpaid portion of the                          
               assessment of any tax or any liability in respect                      
               thereof, which--                                                       
                         (1) is excessive in amount, or                               










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Last modified: May 25, 2011