David Jackson and Betty S. Jackson - Page 16

                                       - 15 -                                         
               Based on the entirety of the record, we conclude that there            
          was dilatory performance of a ministerial act by respondent that            
          contributed to an unreasonable delay in the payment of                      
          petitioners’ tax liabilities from July 31 to November 30, 2003.             
          Accordingly, respondent abused his discretion in refusing to                
          abate interest that had accrued for the years in issue for that             
          period.                                                                     
               B.  Additions to Tax                                                   
               The income tax assessments against petitioners include                 
          additions to tax under section 6651(a)(1) for 1996, 1998, and               
          1999, and sections 6651(a)(2) and 6654 for all the years in                 
          issue.  Petitioners did not have an opportunity to dispute the              
          additions to tax relating to their income tax liabilities;                  
          therefore, they can challenge them during the section 6330                  
          proceeding.  Sec. 6330(c)(2)(B).  We review de novo respondent’s            
          determination with respect to these additions to tax.  See Goza             
          v. Commissioner, 114 T.C. 176, 181-182 (2000).                              
               Petitioners first contend that respondent agreed to waive              
          all additions to tax upon payment in full of their income tax               
          liabilities (including interest and additions to tax) for the               
          years in issue.  In support of their contention, petitioners rely           
          on an alleged oral agreement that they had with Ms. Owen wherein            
          she agreed that respondent would cooperate with petitioners and             
          not file a tax lien as long as petitioners were moving forward              






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