- 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 forwardPage: 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