Angelo N. & Jo E. Grandelli - Page 6




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               We have jurisdiction to determine whether the Commissioner’s           
          decision not to abate interest was an abuse of discretion.  Sec.            
          6404(h)(1).  In order to prevail, the taxpayers must prove that             
          the Commissioner abused his discretion by exercising this                   
          discretion arbitrarily, capriciously, or without sound basis in             
          fact or law.  Woodral v. Commissioner, 112 T.C. 19, 23 (1999).              
          Thus, the taxpayers bear the burden of proof.  Rule 142(a).                 
               Petitioners argue that the delay in their payment of their             
          1997 tax liability is attributable to the IRS’s unreasonable                
          error in sending the notice of delinquency to Mrs. Grandelli                
          under an incorrect name and to an incorrect address and the IRS’s           
          unreasonable delay in sending the notice of delinquency to                  
          petitioners’ correct address.  Petitioners argue that they                  
          reasonably believed that their refund for 1996, as shown on their           
          amended 1996 return, would satisfy their 1997 tax liability.  Had           
          they learned earlier that the IRS had not received either their             
          amended 1996 return or their original 1997 return, petitioners              
          might have been able to mail those returns again and receive                
          credit for their $1,160 overpayment in 1996 and avoid paying                
          several years’ worth of interest.                                           
               Respondent argues that he did not abuse his discretion, for            
          two reasons.  First, respondent argues that the first time that             
          the IRS contacted petitioners in writing with respect to a                  
          deficiency or payment was on March 9, 2002, when the IRS issued             







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