Thomas R. Camerato - Page 9




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          II. Standard for Tax Court Review of Commissioner’s Refusal To              
          Abate Interest                                                              
               Section 6404(e)5 authorizes the Commissioner to abate the              
          assessment of interest on any deficiency or payment of tax if               
          there is a delay in such payment attributable in whole or in part           
          to any error or delay by an officer or employee of the Internal             
          Revenue Service in performing a ministerial act.  The statute               
          specifically provides that an “error or delay shall be taken into           
          account only if no significant aspect of such error or delay can            
          be attributed to the taxpayer involved”.  Sec. 6404(e)(flush                
          language).  In addition, an error or delay is taken into account            
          only “after the Internal Revenue Service has contacted the                  
          taxpayer in writing with respect to such deficiency or payment.”            
          Id.  Thus, abatement of interest for the period of time between             
          the date a taxpayer files a return and the date respondent                  
          commences an audit is not permitted under section 6404(e).  Sims            
          v. Commissioner, T.C. Memo. 1999-414 (citing H. Rept. 99-426, at            
          844 (1985), 1986-3 C.B. (Vol. 2) 1, 844).                                   




               5 Sec. 6404(e) was amended in 1996 by sec. 301 of the                  
          Taxpayer Bill of Rights 2, Pub. L. 104-168, 110 Stat. 1452, 1457            
          (1996), to permit the Commissioner to abate interest with respect           
          to an “unreasonable” error or delay resulting from “managerial or           
          ministerial acts.”  This amendment applies to interest accruing             
          with respect to deficiencies or payments for tax years beginning            
          after July 30, 1996.  Woodral v. Commmissioner, 112 T.C. 19, 25             
          n.8 (1999).  Accordingly, the amendment is not applicable to                
          petitioner’s 1992 and 1993 tax years.                                       





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