Richard Nichols and Lisa Nichols - Page 13

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          Katz v. Commissioner, 115 T.C. 329, 340-341 (2000), we held that            
          we have jurisdiction to review the Commissioner’s determination             
          not to abate interest that is the subject of his collection                 
          effort.  That we have jurisdiction to review the Commissioner’s             
          refusal to abate interest after a CDP hearing doesn’t relieve               
          taxpayers from the usual requirement that they raise the issue.             
          Sec. 301.6320-1(f)(2), A-F5, Proced. & Admin. Regs. (as amended             
          in 2002); see Magana v. Commissioner, 118 T.C. 488, 493 (2002)              
          (only issues raised during the CDP hearing or otherwise brought             
          to the Appeals Office’s attention generally considered on                   
          review).  The Nicholses claim they raised interest abatement as             
          an issue, the Commissioner claims they didn’t, and the record               
          doesn’t provide a clear indication either way.  Because this is             
          the Commissioner’s summary judgment motion, we assume that the              
          Nicholses properly raised the issue, and ask whether the                    
          Commissioner has shown that there is no genuine dispute that his            
          refusal to abate interest was an abuse of discretion.  Rule 121.            
               We begin with the Code:  Section 6404(e)(1) states that                
          interest may be abated for “any deficiency attributable * * * to            
          any error or delay by an officer or employee of the Internal                
          Revenue Service * * * in performing a ministerial act,” though              
          only when “no significant aspect of such error or delay can be              
          attributed to the taxpayer * * *.”  Sec. 6404(e).5                          

               5 Section 6404(e) was amended in 1996 to allow relief from             
                                                             (continued...)           




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