- 2 - and this opinion should not be cited as authority. The petition in this case was filed in response to a Notice of Determination Concerning Collection Action Under Section 63202 for the taxable years 1995, 1996, 1998, 1999, 2000, and 2001 (years in issue). The issues for decision are: (1) Whether respondent abused his discretion in failing to abate interest for the years in issue that had accrued from March 27 through November 30, 2003. We hold that he did to the extent provided herein. (2) Whether respondent improperly refused to abate assessment for the addition to tax for failure to timely pay under section 6651(a)(2) for the years in issue. We hold that he did not. (3) Whether respondent abused his discretion in denying petitioners’ claim for damages for respondent’s unnecessary filing of a lien. We hold that the Court lacks jurisdiction to consider this claim. Background Some of the facts have been stipulated, and they are so found. The stipulation of facts, the supplemental stipulation of facts, and the attached exhibits are incorporated herein by this reference. 2 Sec. 6320 is effective with respect to collection actions initiated more than 180 days after July 22, 1998 (i.e., Jan. 19, 1999). See Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3401(d), 112 Stat. 750.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011