David Jackson and Betty S. Jackson - Page 19

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          of the record, petitioners have not shown that their failure to             
          timely pay tax was due to reasonable cause and not willful                  
          neglect.  Therefore, respondent did not improperly refuse to                
          abate the addition to tax for late payment from March 27, 2003,             
          through July 30, 2003.                                                      
               C.  Petitioners’ Claim for Damages                                     
               Petitioners claim emotional damages of $10,000 and monetary            
          compensation of $8,406.56,11 alleging that the premature and                
          unnecessary filing of the lien adversely affected their credit              
          rating, which prevented them from refinancing their home and                
          hindered their ability to pay their tax liabilities; as a result,           
          the lien caused them to incur a loan at a higher interest rate.             
          Petitioners, however, do not cite or rely on any specific statute           
          as a basis for this claim.                                                  
               Although we recognize that the filing of such a lien may               
          have the negative effects of creating a cloud on the taxpayer’s             
          title to property and impairing the taxpayer’s creditworthiness,            
          see Magana v. Commissioner, 118 T.C. 488, 490 (2002), we                    
          generally have no jurisdiction over such claims, sec. 7433(a);              
          see Gerakios v. Commissioner, T.C. Memo. 2004-203 (holding that             

               11  Petitioners calculate this amount as the difference                
          payable over a 10-year term between the 4-percent interest rate             
          on the July 14, 2003 loan application and the 6.25 percent                  
          interest rate on the Oct. 16, 2003 loan application (i.e.,                  
          $725.24 ($64,928.88 tax owed at 6.25-percent amortized over 30              
          years) less $655.19 ($64,928.88 tax owed at 4-percent amortized             
          over 30 years) multiplied by 10 years equals $8,406.66).                    





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