- 2 - MEMORANDUM OPINION CHABOT, Judge: This matter is before us on respondent’s motion under Rule 1211 for summary judgment. Respondent issued a notice of determination disallowing petitioner’s claim for abatement of interest with respect to an underpayment of income tax for 2000; petitioner timely petitioned this Court under section 64042 to review this disallowance.3 1 Unless indicated otherwise, all Rule references are to the Tax Court Rules of Practice and Procedure. 2 Unless indicated otherwise, all section references are to sections of the Internal Revenue Code of 1986 as in effect for proceedings commenced at the time the petition in the instant case was filed. 3 In his petition, petitioner seeks abatement of interest. In his response to respondent’s motion for summary judgment and in his memorandum, petitioner seeks abatement of “interest and penalties”. We do not have jurisdiction to review failures to abate penalties. Woodral v. Commissioner, 112 T.C. 19, 21 n.4 (1999). We also do not have jurisdiction to review failures to abate additions to tax, such as the sec. 6651(a) amounts that have been assessed in the instant case. Krugman v. Commissioner, 112 T.C. 230, 237 (1999). Petitioner does not explicitly claim an overpayment in his petition. However, the parties agree that petitioner paid his 2000 tax obligation in full, including interest and penalties, and we so find. Also, petitioner submitted to respondent a claim for refund. Under sec. 6404(h)(2)(B), we have authority to determine that there is an overpayment if we order an abatement of interest. See Goettee v. Commissioner, T.C. Memo. 2003-43; 124 T.C. 286, 288, 295 (2005), affd. 192 Fed. Appx. 212 (4th Cir. 2006); see also Greene-Thapedi v. Commissioner, 126 T.C. 1, 10 n.18 (2006). Under these circumstances, we treat the petition as implicitly raising a claim for overpayment.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008