Nina H. Pettyjohn - Page 16




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                                       OPINION                                        
               In general, interest on a deficiency in income tax begins to           
          accrue on the due date of the return for such tax and continues             
          to accrue, compounding daily, until payment is made.  See secs.             
          6001(a), 6622(a).                                                           
               This Court may order an abatement of interest only if there            
          is an abuse of discretion by the Commissioner in failing to abate           
          interest.  Sec. 6404(i), formerly 6404(g).  In order to                     
          demonstrate an abuse of discretion, a taxpayer must prove that              
          the Commissioner exercised his discretion arbitrarily,                      
          capriciously, or without sound basis in fact or law.  See Rule              
          142(a); Lee v. Commissioner, 113 T.C. 145, 149 (1999); Woodral v.           
          Commissioner, 112 T.C. 19, 23 (1999).                                       
               The Commissioner has the authority to abate, in whole or in            
          part, an assessment of interest on a deficiency if the accrual of           
          such interest is attributable to an error or delay by an officer            
          or employee of the Internal Revenue Service (IRS), acting in his            
          or her official capacity, in performing a ministerial act.  See             
          sec. 6404(e)(1).9  An error or delay by the Commissioner can be             
          taken into account only:  (1) If it occurs after the Commissioner           


               9  Sec. 6404(e) was amended in 1996 by TBOR 2 sec. 301, 110            
          Stat. 1457, to permit the Commissioner to abate interest with               
          respect to an “unreasonable” error or delay resulting from                  
          “managerial” or ministerial acts.  The amendment applies to                 
          interest accruing with respect to deficiencies for taxable years            
          beginning after July 30, 1996; accordingly, the amendment is                
          inapplicable in the present case.  See Woodral v. Commissioner,             
          112 T.C. 19, 25 n.8 (1999).                                                 




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