Richard Dundore and Virginia D'Anna-Dundore - Page 8




                                        - 8 -                                         

          taken into account only if it occurs after the IRS has contacted            
          the taxpayer in writing with respect to such deficiency or                  
          payment, and as long as no significant aspect of such error or              
          delay can be attributed to the taxpayer.  See sec. 6404(e)(1).              
          Congress intended the Commissioner to abate interest under                  
          section 6404(e) "where failure to abate interest would be widely            
          perceived as grossly unfair" but not that it "be used to                    
          routinely avoid payment of interest."  H. Rept. 99-426, at 844              
          (1985), 1986-3 C.B. (Vol. 2) 844; S. Rept. 99-313, at 208 (1985),           
          1986-3 C.B. (Vol. 3) 208.                                                   
               Petitioners claim that the delay in the consideration of               
          their case was due to error or delay by employees of IRS, acting            
          in their official capacity, in performing various ministerial               
          acts.                                                                       
               The regulations provide, in pertinent part, that the term              
          "ministerial act" means a procedural or mechanical act that does            
          not involve the exercise of judgment or discretion.  See sec.               
          301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., 52 Fed. Reg.           

               4(...continued)                                                        
          Taxpayer Bill of Rights 2, Pub. L. 104-168, 110 Stat. 1452, 1457            
          (1996), to permit the Secretary to abate interest attributable to           
          an unreasonable error or delay resulting from managerial and                
          ministerial acts.  This amendment, however, applies to interest             
          accruing with respect to deficiencies or payments for tax years             
          beginning after July 30, 1996.  This case involves petitioners'             
          1989 and 1990 tax years.  Therefore, the amendment is                       
          inapplicable to the case at bar.  See Woodral v. Commissioner,              
          112 T.C. 19, 25 n.8 (1999).                                                 





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011