- 13 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011