Marc and Sherri Ward - Page 7




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          for abatement of interest (but not penalties) if the taxpayer               
          files a petition with the Court within 180 days after the date a            
          final determination not to abate interest is mailed by the                  
          Secretary.  Sec. 6404(h)(1); Banat v. Commissioner, 109 T.C. 92,            
          95 (1997).  The Commissioner's final determination letter "is a             
          prerequisite to the Court's jurisdiction and serves as a                    
          taxpayer's 'ticket' to the Tax Court."  Bourekis v. Commissioner,           
          110 T.C. 20, 26 (1998); see Kraft v. Commissioner, T.C. Memo.               
          1997-476.                                                                   
               Respondent argues that the Letter 853C issued to                       
          petitioners denying their request for penalty relief with respect           
          to taxable year 1995 is not a final determination not to abate              
          interest.  No final determination was issued, respondent argues,            
          because petitioners never filed a proper request for interest               
          abatement; i.e., a Form 843, and because the reasons articulated            
          in petitioners' June 14, 2002 letter do not form a basis under              
          which respondent is authorized by section 6404(e) to abate                  
          interest.                                                                   
               Petitioners contend that their letter of June 12, 2002,                
          constituted a specific request that respondent abate both accrued           
          interest and penalties for taxable years 1994 and 1995.                     
          Petitioners argue that respondent's failure to issue a final                
          determination with respect to petitioner's request for interest             
          abatement within a reasonable period of time after receipt of               







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