- 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