- 8 - 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, orPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011