Michael C. Hollen & Joan L. Hollen - Page 13




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          tax liability is not properly placed at issue, the Court will               
          review the determination of the Commissioner of Internal Revenue            
          for abuse of discretion.  Sego v. Commissioner, 114 T.C. 604, 610           
          (2000); Goza v. Commissioner, 114 T.C. 176, 181-182 (2000).                 
               Based upon our examination of the entire record before us,             
          we find that, except for the determinations relating to respon-             
          dent’s assessment for petitioners’ taxable year 1988 of excessive           
          amounts of the addition to tax under section 6653(a) and interest           
          thereon that respondent conceded,3 respondent did not abuse                 
          respondent’s discretion in making the determinations in the                 
          notice of determination under sections 6320 and 6330 with respect           
          to petitioners’ taxable year 1988.                                          
               We have considered all of the contentions and arguments of             
          the parties that are not discussed herein, and we find them to be           
          without merit, irrelevant, and/or moot.                                     
               On the record before us, we shall grant respondent’s motion.           
               To reflect the foregoing,                                              
                                             An order granting respondent’s           
                                        motion and an appropriate decision            
                                        for respondent will be entered.               




               3In respondent’s motion, respondent states:  “Respondent has           
          taken the necessary steps to abate the [$67,978.11] excess                  
          penalty (i.e., to the extent that it exceeds $2,777.50) and                 
          interest thereon.”                                                          






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