- 21 - to encompass interest abatement, petitioner would be precluded from raising this issue in the instant proceeding because he failed to raise interest abatement with the Appeals officer. Sec. 301.6330-1(f)(2), Q&A-F5, Proced. & Admin. Regs.; see Magana v. Commissioner, 118 T.C. at 493; Miller v. Commissioner, 115 T.C. 582, 589 n.2 (2000), affd. 21 Fed. Appx. 160 (4th Cir. 2001). In any event, petitioner has not alleged a ministerial or managerial error warranting an abatement of interest. See sec. 6404(e)(1). Under the facts of this case, we conclude that granting the motion for leave would be futile and contrary to the interests of justice. Accordingly, we deny petitioner’s motion for leave to file second amended petition. C. Respondent’s Motion For Summary Judgment We now turn to respondent’s motion for summary judgment, as supplemented. Summary judgment is intended to expedite litigation and avoid unnecessary and expensive trials. Fla. Peach Corp. v. Commissioner, 90 T.C. 678, 681 (1988). Summary judgment may be granted with respect to all or any part of the legal issues in controversy if the pleadings, answers to interrogatories, depositions, admissions, and any other acceptable materials, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that a decision may be rendered as a matter of law.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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