- 7 - Our jurisdiction is limited, however, to deciding whether respondent abused his discretion by refusing to abate interest. See sec. 6404(g)(1). As we evaluate respondent’s exercise of discretion, we are mindful that Congress intended for respondent to abate interest under section 6404(e) “where failure to abate interest would be widely perceived as grossly unfair”, but that the abatement provision should not “be used routinely to avoid payment of interest”. H. Rept. 99-426, at 844 (1985), 1986-3 C.B. (Vol. 2) 1, 844; S. Rept. 99-313, at 208 (1986), 1986-3 C.B. (Vol. 3) 1, 208; see also Krugman v. Commissioner, supra. In this case, petitioners object to the assessment of interest against them because they made a good faith effort to comply with the law as it existed when their 1993 return was filed. They made full disclosure of their position and the legal and factual basis for it on their 1993 return, even attaching copies of the case on which they relied. They contend that the assessment of interest against them is unfair and, therefore, should be abated. Although we understand petitioners’ frustration and empathize with their position, petitioners have not argued that any employee of respondent erred in performing a ministerial act or delayed performing a ministerial act as required by section 6404(e)(1). An examination of the facts in this case reveals there was no such error. The term “ministerial act” is definedPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011