- 7 -7 the Commissioner’s failure to abate interest. See Woodral v. Commissioner, 112 T.C. 19, 23 (1999). 2. Ministerial or Managerial Act Petitioners contend that we must abate interest which accrued as a result of an error or delay by an IRS officer or employee in performing a managerial act as well as a ministerial act. We disagree. Congress amended section 6404(e) in 1996 to permit abatement of interest for unreasonable error and delay in performing a ministerial or managerial act. Taxpayer Bill of Rights 2 (TBOR 2), Pub. L. 104-168, sec. 301(a)(1) and (2), 110 Stat. 1452, 1457 (1996). However, that standard first applies to tax years beginning after July 30, 1996. TBOR 2, sec. 301(c), 110 Stat. 1457. Thus, it does not apply here. See Krugman v. Commissioner, 112 T.C. 230, 239 (1999); Woodral v. Commissioner, supra at 25 n.8. Petitioners contend that respondent committed an abuse of discretion by failing to abate interest relating to their 1979 and 1982 tax years after December 31, 1987.3 a. January 1, 1988, to September 30, 1995 Petitioners contend that respondent should have informed them before May 30, 1995, and June 5, 1995, that they might be 3 Petitioners concede that they are liable for interest that accrued from Apr. 15, 1980 (for 1979), and Apr. 15, 1983 (for 1982), to Dec. 31, 1987.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011