Marc and Sherri Ward - Page 8




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          that request is equivalent to a final determination not to abate            
          interest for purposes of section 6404(h).8  In the alternative,             
          petitioners argue that respondent's Letter 853C denying                     
          petitioners' request for removal of a section 6651(a)(1) addition           
          for 1995 is sufficient to confer jurisdiction on this Court                 
          because the letter's silence concerning interest abatement                  
          constitutes a denial.                                                       
               To resolve our jurisdiction, we must determine whether                 
          respondent has made a final determination not to abate interest             
          within the meaning of section 6404(h).  We note at the outset               
          that petitioners' June 2002 letter clearly and unequivocally                
          requested an abatement of interest with respect to petitioners'             
          1994 and 1995 income tax liabilities, although the request was              
          not made on a Form 843, as required in section 301.6404-1(c),               
          Proced. & Admin. Regs.  We find it unnecessary to decide whether            
          petitioners' letter was an adequate substitute for a Form 843,              
          however, because even assuming it was, a decision in respondent's           
          favor would still follow.                                                   
               Petitioners' first argument is that we should treat                    
          respondent's failure to issue any response to their request for             
          interest abatement as a "final determination" for section 6404(h)           

               8 Petitioners further note that respondent's issuance of               
          demands for payments of interest subsequent to their request,               
          including the Automated Collection System notice of Dec. 23,                
          2004, demonstrates that respondent made a determination not to              
          abate interest.                                                             






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