- 7 - were first contacted by an IRS agent for the audit of their 1989 and 1990 returns, July 8, 1992, to the date the deficiencies were assessed, March 11, 1996. The Commissioner denied petitioners’ claims. At trial, petitioners narrowed their request for abatement to the period between July 6, 1993, the date when they were first contacted by the IRS Appeals Office, to December 20, 1995, the date the decision was entered. The Commissioner's authority to abate an assessment of interest involves the exercise of discretion, and this Court gives due deference to the Commissioner's discretion. See Woodral v. Commissioner, 112 T.C. 19, 23 (1999); Mailman v. Commissioner, 91 T.C. 1079, 1082 (1988). However, this Court may order abatement where the Commissioner abuses his discretion. See sec. 6404(g);3 Woodral v. Commissioner, supra. Pursuant to section 6404(e)(1), the Commissioner may abate part or all of an assessment of interest on any deficiency or payment of income tax to the extent that any delay in payment is attributable to any error or delay caused by an officer or employee of the IRS (acting in an official capacity) in performing a ministerial act.4 However, an error or delay is 3 Sec. 6404(g) was redesignated sec. 6404(i) by the Internal Revenue Service Restructuring & Reform Act of 1998, Pub. L. 105-206, secs. 3305(a), 3309(a), 112 Stat. 743, 745. 4 In 1996, sec. 6404(e) was amended by sec. 301 of the (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011