Law Offices of Michael B. L. Hepps - Page 9

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                         (2) is assessed after the expiration of the                  
                    period of limitations properly applicable thereto,                
                    or                                                                
                         (3) is erroneously or illegally assessed.                    
               In Woodral v. Commissioner, 112 T.C. at 22-23, we held that            
          we had jurisdiction under section 6404(g) to review the                     
          Commissioner’s failure to abate interest under all subsections of           
          section 6404 and that section 6404(g) does not limit our                    
          jurisdiction to review cases under section 6404(g) to those                 
          asserting a right to abatement under section 6404(e).                       
          Nevertheless, in Woodral, because the taxpayers did not cite any            
          authority or introduce any evidence to support their claim that             
          the assessments of interest were excessive, erroneous, or                   
          illegal, we held that the Commissioner did not abuse his                    
          discretion by failing to abate the assessments of interest under            
          section 6404(a).  Id. at 24.                                                
               In H & H Trim & Upholstery Co. v. Commissioner, T.C. Memo.             
          2003-9, which we filed on January 9, 2003, we held that a                   
          taxpayer was entitled to a partial abatement of interest related            
          to the taxpayer’s employment tax liability because the Service,             
          in response to the taxpayer’s request for a payoff figure, failed           
          to inform the taxpayer of additional interest and an addition to            
          tax that had accrued but had not yet been assessed.  Citing                 
          Woodral v. Commissioner, supra, we concluded that the reference             
          in section 6404(a) to “any tax” included employment taxes, and              






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