Robert Banat - Page 5




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               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).                                   





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