- 6 - amount,3 (2) assessed after the expiration of the period of limitations properly applicable thereto, or (3) erroneously or illegally assessed. See Woodral v. Commissioner, supra. Before the Commissioner may make the decision to abate interest under section 6404(e)(1), three elements must be present. First, a Commissioner’s employee must make an error or delay when performing a ministerial act. See sec. 6404(e)(1). An act is ministerial when it is “a procedural or mechanical act that does not involve the exercise of judgment”. Sec. 301.6404- 2T(b)(1), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 30163 (Aug. 13, 1987). Second, the taxpayer’s actions must not contribute significantly to the error or delay. See sec. 6404(e)(1); sec. 301.6404-2T(a)(2), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 30162 (Aug. 13, 1987). Third, the Commissioner must have contacted the taxpayer in writing about the deficiency or payment. See sec. 6404(e)(1). Petitioner alleges that respondent’s employee(s) committed an error sufficient to cause abatement by the failure to send notices about the administrative proceedings regarding Golden 3 Though petitioner alleges that the amount of interest was “excessive”, petitioner makes no allegation that the interest was computed incorrectly but apparently uses “excessive” to refer to the accumulation of interest due to the delay he perceives to be the fault of respondent. Petitioner’s position relates to the third possible basis for abatement; i.e. erroneous assessment.Page: Previous 1 2 3 4 5 6 7 8 Next
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