- 6 - determination because they never received their statutory notice of deficiency. We construe petitioners’ claim for interest abatement as arising under section 6404(e)(1), which authorizes the Treasury Secretary to abate interest on any deficiency or payment of income, gift, estate, and certain excise taxes to the extent that any error or delay in payment is attributable to any error or delay by an officer or employee of the Internal Revenue Service acting in his or her official capacity and performing a ministerial act. Such an error or delay in performing a ministerial act is taken into account only if it is in no significant aspect attributable to the taxpayer and only if it occurs after the IRS has contacted the taxpayer in writing regarding the deficiency or payment.3 3 Sec. 6404(e) provides: Abatement 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 (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011