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