- 14 - As no viable options have been presented for consider- ation, further Appeals consideration of this account is not warranted. The filing of the Notice of Federal Tax Lien is sus- tained by the Appeals office at this time. [Reproduced literally.] In the petition that petitioners filed commencing the instant case, petitioners alleged: We respectfully request the release of the lien applied against us and the abatement of the associated penalty and interest. Sufficient taxes have been paid to cover our tax debt which is evidenced by the AMT credit due us for $120,868 that the IRS currently holds. Discussion The Court may grant summary judgment where there is no genuine issue of material fact and a decision may be rendered as a matter of law. Rule 121(b); Sundstrand Corp. v. Commissioner, 98 T.C. 518, 520 (1992), affd. 17 F.3d 965 (7th Cir. 1994). Petitioners filed a response (petitioners’ response) to respondent’s motion in which they oppose the granting of that motion. According to petitioners, The significant issue of material fact which is not conceded is that the Collection Due Process hearing should have considered the penalty assessment. * * * the penalty waiver is justified because the estimated tax penalties and failure to pay penalties were gener- ated as a result of faulty tax advice. * * * Petitioners raised the issue of propriety of assessment of the penalties at the CDP hearing. It was an abuse of discretion for the CDP officer to decline to consider the penalty waiver request. The case of Bell, 126 T.C. No. 18 (2006) cited by Respondent is applicable because it references challenge to the entire tax liability. A penalty abatement request mayPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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