- 7 - determined for years 1986 and 1987 and to a portion of the amounts determined for 1988. The parties agreed to waive application of the fraud penalty and agreed to the assertion of the negligence penalty. On November 28, 1990, petitioners made a designated payment of interest in the amount of $752. Petitioners filed Form 843, Claim for Refund and Request for Abatement, on or around January 23, 1997. On August 28, 1998, respondent mailed petitioners' Final Determination letter disallowing their claim to abate interest for tax years 1986, 1987, and 1988. As of the date of the August 28, 1998, Final Determination letter, petitioners' total interest and assessed interest for the years at issue was: Year Total Interest Assessed Interest 1986 $6,245.70 $1,961.83 1987 25,217.17 6,367.64 1988 13,551.06 3,235.92 OPINION Pursuant to section 6404(e)(1), the Commissioner may abate part or all of an assessment of interest on any deficiency or payment of tax if either: (1) The deficiency was attributable to an error or delay by an Internal Revenue Service (Service) official in performing a ministerial act or (2) an error or delay by the taxpayer in paying his or her tax is attributable to a Service official's being erroneous or dilatory in performing aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011