- 12 - Rept. 105-599, at 266 (1998), 1998-3 C.B. 770, 1020; see Sego v. Commissioner, 114 T.C. at 609-610 (2000). Because they gave up their right to come to Tax Court to redetermine their deficiency before collection, they can’t successfully complain when the Commissioner tries to collect. B. Abatement of Interest The Nicholses also ask us to review their request for interest abatement, either as a direct appeal of the Commissioner’s denial of their request under section 6404 or as part of their CDP hearing under section 6320. Under either theory, we must decide whether the Commissioner abused his discretion. Sec. 6404(h)(1); Sego, 114 T.C. at 609-610. Direct review under section 6404(h)(1) requires a taxpayer to petition this Court within 180 days of the Secretary’s final determination not to abate interest. The problem for the Nicholses is that the Secretary has not yet issued a final determination. The first request for interest abatement, which the Nicholses included in a letter dated October 31, 2003, was denied on November 20, 2003. The Nicholses then filed an appeal with the IRS in December 2003, but that appeal has not yet run its course. Even if we treat the initial rejection as a final determination, they did not meet the Code’s 180-day deadline. We thus have no independent jurisdiction under section 6404. We may, however, have jurisdiction under section 6320. InPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011