Dempsie Word - Page 5




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               Petitioner contends that the interest attributable to the              
          $2,404 tax he owes should be abated.  Petitioner’s claim is broad           
          enough to be considered a request for interest abatement pursuant           
          to section 6404.                                                            
               The Tax Court is a court of limited jurisdiction and may               
          exercise jurisdiction only to the extent authorized by Congress.            
          Naftel v. Commissioner, 85 T.C. 527, 529 (1985).  The question of           
          the Court’s jurisdiction is fundamental and must be addressed               
          when raised by a party or on the Court’s own motion.  Id. at 530.           
               Consistent with section 6404(h)(1), the Court’s jurisdiction           
          over interest abatement cases depends on a valid notice of final            
          determination and a timely filed petition for review.  See Rule             
          280(b); Gati v. Commissioner, 113 T.C. 132, 134 (1999).  But cf.            
          Katz v. Commissioner, 115 T.C. 329, 340-341 (2000).  The Court              
          does not have jurisdiction to decide whether the Commissioner’s             
          failure to abate interest under section 6404 constitutes an abuse           
          of discretion unless or until the Commissioner has made a “final            
          determination” not to abate interest.  Bourekis v. Commissioner,            
          110 T.C. 20, 25-26 (1998); Sigel v. Commissioner, T.C. Memo.                
          2001-138.  The Court does not have jurisdiction regardless of               
          whether the innocent spouse claim was raised in a “stand-alone”             
          case or in a deficiency proceeding.                                         
               Petitioner did not submit a request for interest abatement,            
          and respondent did not make a “determination” not to abate                  







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