William Grant Lee - Page 6




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          the Court entered a decision that petitioner owed a deficiency in           
          income tax for 1980.  Sometime before November 1996, the interest           
          liability was assessed.  In 1995, respondent granted Vida Lee               
          innocent spouse relief pursuant to section 6013(e).                         
                                       OPINION                                        
               Section 6404(e)(1) provides, in pertinent part, that the               
          Secretary may abate the assessment of interest on any payment of            
          tax to the extent that any error or delay in payment is                     
          attributable to an officer or employee of the IRS being erroneous           
          or dilatory in performing a ministerial act.3  For purposes of              
          section 6404(e)(1), an error or delay is taken into account only            
          (1) if no significant aspect of such error or delay can be                  
          attributed to the taxpayer and (2) after the IRS has contacted              
          the taxpayer in writing with respect to such deficiency or                  
          payment.  See sec. 6404(e)(1).                                              
               This Court may order abatement where the Secretary abuses              
          his discretion by failing to abate interest.  See sec. 6404(i).             
          In order to prevail, the taxpayer must demonstrate that in not              
          abating interest the Secretary exercised his discretion                     


               3  In 1996, sec. 6404(e) was amended under sec. 301 of the             
          Taxpayer Bill of Rights 2, Pub. L. 104-168, 110 Stat. 1452, 1457            
          (1996), to permit the Secretary to abate interest with respect to           
          an "unreasonable" error or delay resulting from "managerial" and            
          ministerial acts.  This amendment, however, applies to interest             
          accruing with respect to deficiencies or payments for tax years             
          beginning after July 30, 1996; therefore, the amendment is                  
          inapplicable to the case at bar.  See Woodral v. Commissioner,              
          112 T.C. 19, 25 n.8 (1999).                                                 




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