- 6 - 6404(e) "where failure to abate interest would be widely perceived as grossly unfair" but not that it "be used routinely to avoid payment of interest". H. Rept. 99-426, at 844 (1985), 1986-3 C.B. (Vol. 2) 1, 844; S. Rept. 99-313, at 208 (1986), 1986-3 C.B. (Vol. 3) 1, 208. Prior to contacting respondent to obtain "payout" amounts on May 9, 1996, there was no erroneous or dilatory performance of a ministerial act by an officer or employee of the Commissioner that contributed to a delay or error in the payment of the interest which had accrued on petitioner's outstanding tax liabilities. Since there was no erroneous or dilatory performance of a ministerial act, the Commissioner lacked authority to abate interest. Under these circumstances, it can hardly be an abuse of his discretion to refuse to abate interest that accrued prior to May 9, 1996. For the period from May 9 to May 30, 1996, when petitioner made his payments of $2,296 and $2,592, any interest which accrued was solely due to petitioner's failure to pay his outstanding tax liabilities. Again in these circumstances there was no erroneous or dilatory performance of a ministerial act and the Commissioner lacked authority to abate interest. For the period from May 30 to November 4, 1996 (when respondent finally notified petitioner of additional interest by issuing a Notice of Intent to Levy), the facts dictate aPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011