- 2 - Unless otherwise indicated, all section references are to the Internal Revenue Code in effect for the years in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. Background At the time that the petition was filed, petitioner’s principal place of business was in New Mexico. On June 19, 2004, petitioner submitted to respondent a request for abatement of interest on its unpaid employment taxes for quarters ended December 31, 1997, to December 31, 1999. On August 5, 2004, respondent issued a letter to petitioner citing section 6404(e)(1) for the proposition that respondent lacked the authority to abate interest due on petitioner’s unpaid employment taxes for quarters ended December 31, 1997, to September 30, 1998. On August 9, 2004, respondent issued similar letters to petitioner with regard to its request for abatement of interest on its unpaid employment taxes for quarters ended December 31, 1998, to December 31, 1999. On January 31, 2005, petitioner filed with the Court a petition for review of failure to abate interest under section 6404. The petition alleges, in part: The facts on which petitioner relies to establish that the Commissioner’s final determination not to abate interest was an abuse of discretion are as follows:Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011