Charles A. Nerad - Page 5




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          interest in the amount of $67.36 was assessed on September 30,              
          1996.                                                                       
               On November 13, 1996, petitioner filed a claim with                    
          respondent requesting the abatement of interest on the ground               
          that his employer had failed to provide him with a correct wage             
          statement.  On January 29, 1997, respondent issued a notice of              
          final determination denying petitioner's request for abatement on           
          the ground that an officer or employee of the Internal Revenue              
          Service did not commit any errors or delays that merited the                
          abatement of interest.                                                      
               Section 6404(e)(1) provides, in pertinent part, that the               
          Commissioner may abate the assessment of interest on any                    
          deficiency attributable to any error or delay by an officer or              
          employee of the IRS (acting in his official capacity) 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           




          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 respondent to abate interest with respect to an           
          "unreasonable" error or delay resulting from "managerial" and               
          ministerial acts.  The new provision applies to interest accruing           
          with respect to deficiencies or payments for tax years beginning            
          after July 30, 1996.  The new provision is not applicable in this           
          case.  See Woodral v. Commissioner, 112 T.C. 19, 25 n.8 (1999).             






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