Robert Banat - Page 4




                                        - 4 -                                         

          treated the Forms 843 as claims for abatement of interest as                
          follows:                                                                    
                          Claims for Abatement of Interest                            
               Taxable Year                                                           
               of Deficiency    Interest Accrual Period     Amount                    
               1985           4/15/86 to 3/19/92            $21,946                   
               1986           4/15/87 to 3/19/92            5,662                     
               1987           4/15/88 to 4/05/93            6,618                     
               On November 8, 1996, respondent made his final determination           
          not to abate interest with respect to petitioner’s 1985, 1986,              
          and 1987 taxable (calendar) years.                                          
               The petition was filed on February 5, 1997.                            
          Discussion                                                                  
               In certain circumstances, the Secretary is authorized to               
          abate interest.  Section 6404(e)(1), prior to its amendment by              
          the Taxpayer Bill of Rights 2 (TBOR 2), Pub. L. 104-168,                    
          sec. 301, 110 Stat. 1452, 1457 (1996), read as follows:                     
               SEC. 6404(e).  Assessments of Interest Attributable                    
               to Errors and Delays by Internal Revenue Service.--                    
                    (1)  In general.--In the case of any assessment                   
               of interest on--                                                       
                         (A) any deficiency attributable in whole or                  
                    in part to any error or delay by an officer or                    
                    employee of the Internal Revenue Service (acting                  
                    in his official capacity) in performing a                         
                    ministerial act, or                                               
                         (B) any payment of any tax described in                      
                    section 6212(a) to the extent that any * * * error                
                    or delay in such payment is attributable to such                  
                    officer or employee being erroneous or dilatory in                
                    performing a ministerial act,                                     





Page:  Previous  1  2  3  4  5  6  7  8  9  Next

Last modified: May 25, 2011