Gilda A. Petrane - Page 7




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          reference in the Internal Revenue Code to “tax” (with exceptions            
          not applicable to this case) shall be deemed to include interest            
          and penalties.  Secs. 6601(e)(1), 6665(a); Schwartz v.                      
          Commissioner, 128 T.C. at 8, table n.1.                                     
               In considering whether interest and penalties are includable           
          in the amount of relief sought, it is also necessary to decide              
          whether accrued but unassessed interest and penalties are                   
          included in determining the amount of relief sought for purposes            
          of section 7463(f)(1).  For example, respondent argues that the             
          amount of relief sought is $61,842.23, which includes accrued but           
          unassessed interest and penalties of $23,598.61.5  A taxpayer               
          seeking relief from joint liability is seeking relief from                  
          amounts that have accrued with regard to the liability for which            
          relief is sought, regardless of whether the ministerial act of              


               5 Respondent alleges that the amount of relief being sought            
          consists of the following amounts of unpaid tax reported on the             
          joint returns, plus interest and penalties, as of the date the              
          petition was filed:                                                         
                                           Accrued                                    
                                Assessed   Unassessed                                 
                                Interest & Interest &   Total                         
             Year     Unpaid TaxPenalties  Penalties   Payments    Total              
             1996     $7,196.00 $1,206.16  $8,831.67    -0-      $17,233.83           
             1997     8,146.00  1,103.03   8,332.06    ($2,333)  15,248.09            
             1998     4,741.85  4,461.41   2,066.81     -0-      11.270.07            
             1999     5,523.00  3,984.39   2,561.03     -0-      12,068.42            
             2000     645.00    270.05     376.36       -0-      1,291.41             
             2002     3,092.00  207.73     1,430.68     -0-       4,730.41            
           Total      29,343.85 11,232.77  23,598.61   (2,333)   61,842.23            





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