William B. Berry and Marjorie S. Berry - Page 10




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               Even where errors or delays are present, the decision to               
          abate interest remains discretionary.  Sec. 6404(e)(1).  This               
          Court may order an abatement only where the Commissioner’s                  
          failure to abate interest was an abuse of that discretion.  Sec.            
          6404(i)(1).  The Commissioner’s exercise of discretion is                   
          entitled to due deference; in order to prevail, the taxpayer must           
          demonstrate that in not abating interest, the Commissioner                  
          exercised his discretion arbitrarily, capriciously, or without              
          sound basis in fact or law.  Woodral v. Commissioner, supra at              
          23.                                                                         
               We note at the outset that petitioners’ arguments are                  
          fundamentally flawed because they fail to assert any correlation            
          between an error or delay in the performance of a ministerial act           
          by respondent and a specific period of time over which interest             
          should be abated as a result of that error or delay.  Such a                
          correlation is required for abatement under section 6404(e).                
          Donovan v. Commissioner, T.C. Memo. 2000-220.  It is clear from             
          the record that petitioners are seeking an abatement of interest            
          not because of any specific ministerial act, but merely because             
          they are dissatisfied with the amount of time it took to resolve            
          their case.  In fact, petitioners stated in the abatement request           
          submitted to the IRS that they chose January 1, 1992, as the                


          3(...continued)                                                             
          interest accruing with respect to deficiencies or payments for              
          taxable years beginning after July 30, 1996.  Id. par. (d).                 





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