Nicholas J. and Diane L. Palihnich - Page 8

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          $210.98 for 1981 because respondent had lost their 1981-82                  
          amended returns for almost 11 years.  On April 13, 2000,                    
          respondent issued a final determination denying petitioners’                
          interest abatement claim.                                                   
                                       OPINION                                        
          A.   Background                                                             
               The Commissioner may abate interest assessed on any                    
          deficiency or payment of tax to the extent that any error or                
          delay in payment of the tax is attributable to erroneous or                 
          dilatory performance of a ministerial act by an officer or                  
          employee of the Commissioner, and the taxpayer caused no                    
          significant aspect of the delay.  Sec. 6404(e)(1).2  We apply an            

               2  Sec. 6404(e)(1), as enacted in 1986 and as applicable               
          here, provides:                                                             
                    SEC. 6404(e).  Assessments of Interest                            
               Attributable to Errors and Delays by Internal Revenue                  
               Service.--                                                             
                         (1) In general.--In the case of any                          
                    assessment of interest on--                                       
                              (A) any deficiency                                      
                         attributable in whole or in part to                          
                         any error or delay by an officer or                          
                         employee of the Internal Revenue                             
                         Service (acting in his official                              
                         capacity) in performing a                                    
                         ministerial act, or                                          
                              (B) any payment of any tax                              
                         described in section 6212(a) to the                          
                         extent that any delay in such                                
                                                             (continued...)           






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