- 5 - See Woodral v. Commissioner, 112 T.C. 19, 23 (1999). Petitioner bears the burden of showing an abuse of discretion. See Rule 142(a). Our review is limited to whether there was an abuse of respondent’s discretion, which is a question of fact. See Estate of Gardner v. Commissioner, 82 T.C. 989, 1000 (1984). Section 6404(e)(1) provides 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 Internal Revenue Service, acting in his or her official capacity and performing a ministerial act.2 Congress intended abatement of interest to be used in instances “where failure to abate interest would be widely perceived as grossly unfair.” H. Rept. 99-426 (1985), 1986-3 C.B. (Vol. 2) 844; S. Rept. 99-313 (1985), 1986-3 C.B. (Vol. 3) 208. Section 6404(a) provides that the Commissioner is authorized to abate the unpaid portion of the assessment of any tax or any liability in respect thereof that is (1) excessive in 2 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; therefore, it is not applicable to the case at bar.Page: Previous 1 2 3 4 5 6 7 8 Next
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