- 14 - tax liability and nevertheless was unable to pay the tax or would have suffered undue hardship if he had paid it on the due date. Id. On several occasions petitioner asserted he has very limited financial resources, but he has failed to provide financial evidence every time he has been asked to substantiate these statements. Petitioner is unable to show his failure to pay was due to reasonable cause. The Court concludes petitioner is liable for the addition to tax under section 6651(a)(2) for failure to make timely payment of income tax for the years at issue. Petitioner asserts the payment of interest should be abated because it accumulated to his detriment due to respondent’s delays and payment will cause an undue hardship because of his limited financial resources. We apply an abuse of discretion standard when reviewing the Commissioner's failure to abate interest. Krugman v. Commissioner, 112 T.C. 230, 239 (1999). Section 6404(e) permits the Commissioner to abate interest with respect to an error or delay in payment of tax resulting from an employee of the Internal Revenue Service’s being erroneous or dilatory in performing a ministerial act. There is no provision under section 6404 or the regulations promulgated thereunder that allows for the abatement of interest due to financial hardship.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011