- 2 - We hold that respondent did not abuse his discretion under section 6404(e) in denying petitioners’ request for abatement of interest that accrued on their income tax liability for tax year 1997. FINDINGS OF FACT At the time they filed their petition, petitioners resided in Drexel Hill, Pennsylvania. Petitioners mailed a Form 1040, U.S. Individual Income Tax Return, for 1996 in August of 1997, and then again in September of 1997. Petitioners also mailed a Form 1040X, Amended U.S. Individual Income Tax Return, in September of 1997. On the amended Form 1040X for 1996, petitioners claimed an overpayment of $1,160, which they requested to be credited to their 1997 tax liability. The Internal Revenue Service (IRS) did not receive any of these returns. It is not clear from the record whether the IRS’ failure to receive these returns was due to either party’s error. In January or February of 1998, the IRS notified petitioners that it had not received an income tax return from them for 1996. Petitioners sent the IRS a package that they believe contained both an original and an amended income tax return, but the IRS 1(...continued) and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: March 27, 2008