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SCANLON WHITE, INC. v. C.I.R.

No. 06-9000.

472 F.3d 1173 (2006)

SCANLON WHITE, INC., Petitioner-Appellant, v. COMMISSIONER of INTERNAL REVENUE, Respondent-Appellee.

United States Court of Appeals, Tenth Circuit.

December 19, 2006.

Attorney(s) appearing for the Case

Submitted on the briefs:*

John Leeper, Scanlon White, Inc., El Paso, Texas, for Petitioner-Appellant.

Eileen J. O'Connor, Assistant Attorney General, Andrea R. Tebbets, Attorney, Karen G. Gregory, Attorney, Tax Division, Department of Justice, Washington, D.C., for Respondent-Appellee.

Before HARTZ, HOLLOWAY, and BALDOCK, Circuit Judges.

HARTZ, Circuit Judge.

Taxpayer Scanlon White, Inc. appeals from the Tax Court's grant of summary judgment in favor of the Commissioner on Taxpayer's application for abatement of accrued interest on unpaid employment taxes. We have jurisdiction under 26 U.S.C. § 7482(a)(1) and affirm.

Background

In June 2004 Taxpayer made a request to the Internal Revenue Service (IRS) under 26 U.S.C. § 6404(e) for an abatement of the interest on...

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