Gregorio and Viviana Mankita - Page 8




                                        - 8 -                                         
          to abate interest was not an abuse of discretion.                           
               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            
          tax if (a) either (1) the deficiency was attributable to an error           
          or delay by a Service official in performing a ministerial act,             
          or (2) an error or delay by the taxpayer in paying his or her tax           
          is attributable to a Service official’s being erroneous or                  
          dilatory in performing a ministerial act; and (b) the taxpayer              
          caused no significant aspect of the delay.  Interest is abatable            
          only after the Commissioner has contacted the taxpayer in writing           
          about the deficiency or payment in question.  See sec. 6404(e)              
          (flush language).  We apply an abuse of discretion standard in              
          reviewing the Commissioner’s failure to abate interest.  See                
          Krugman v. Commissioner, 112 T.C. 230, 239 (1999).                          
               3.   April 15, 1991, to June 3, 1992                                   
               We do not take into account any error or delay by the                  
          Commissioner that occurs before the Commissioner contacts the               
          taxpayer in writing with respect to the deficiency or payment of            
          tax.  See sec. 6404(e) (flush language); see also Krugman v.                
          Commissioner, supra at 239.  Morrow first contacted petitioners             
          in writing about their deficiency on June 3, 1992.  Thus,                   
          interest that accrued for petitioners’ 1990 tax year before June            
          3, 1992, is not abatable.                                                   






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011