- 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