- 5 - the Secretary may abate the assessment of all or any part of such interest for any period. For purposes of the preceding sentence, an error or delay shall be taken into account only if no significant aspect of such error or delay can be attributed to the taxpayer involved, and after the Internal Revenue Service has contacted the taxpayer in writing with respect to such deficiency or payment. Among the amendments made to section 6404(e)(1) by the TBOR 2 was the replacement in paragraph (1)(A) and (B) of the expression “in performing a ministerial act” with the expression “in performing a ministerial or managerial act”. TBOR 2 sec. 301(a)(2). (Emphasis added). That amendment, however, applies only to interest accruing with respect to deficiencies or payments for tax years beginning after July 30, 1996. See TBOR 2 sec. 301(c). It is inapplicable to this case; therefore, the Secretary’s authority to abate interest in this case is limited to interest on any deficiency attributable in whole or in part to any error or delay by any officer or employee of the Internal Revenue Service (the Service) in performing a ministerial act. See Woodral v. Commissioner, 112 T.C. 19, 25 n.8 (1999). Section 6404(g)2 authorizes this Court to determine whether the Secretary’s failure to abate interest under section 2 Sec. 6404(g) is now sec. 6404(i).Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011