Eldon Harvey Krugman - Page 14




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          told petitioner how much interest he owed for 1985).  Respondent            
          contends that petitioner is not entitled to further abatement of            
          interest under section 6404(e).                                             
               2.   The Commissioner's Authority To Abate Interest                    
               Under section 6404(e)(1), the Commissioner may abate part or           
          all of an assessment of interest on any deficiency or payment of            
          income, gift, estate, and certain excise tax to the extent that             
          any error or delay in payment is attributable to erroneous or               
          dilatory performance of a ministerial act by an officer or                  
          employee of the Commissioner if (a) the Commissioner notified the           
          taxpayer in writing about the deficiency or payment, and (b) the            
          taxpayer did not contribute significantly to the error or delay.7           


               7 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 error                 
                         or delay in such payment is attributable to                  
                         such officer or employee being erroneous or                  
                         dilatory in performing a ministerial act,                    
               the Secretary may abate the assessment of all or any                   
               part of such interest for any period.  For purposes of                 
                                                             (continued...)           




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