Richard Dundore and Virginia D'Anna-Dundore - Page 7




                                        - 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