Donald B. Hawksley - Page 19




                                       - 19 -                                         
          and (2) if no significant aspect of the error or delay is                   
          attributable to the taxpayer.  See sec. 6404(e)(1); Krugman v.              
          Commissioner, 112 T.C. 230, 239 (1999); Nerad v. Commissioner,              
          T.C. Memo. 1999-376.  Section 6404(e)(1) “does not therefore                
          permit the abatement of interest for the period of time between             
          the date the taxpayer files a return and the date the IRS                   
          commences an audit, regardless of the length of that time                   
          period.”  H. Rept. 99-426, at 844 (1985), 1986-3 C.B. (Vol. 2) 1,           
          844; S. Rept. 99-313, at 208 (1986), 1986-3 C.B. (Vol. 3) 1, 208.           
               Congress did not intend for section 6404(e) to be used                 
          routinely; accordingly, we order abatement only “where failure to           
          abate interest would be widely perceived as grossly unfair.”  Lee           
          v. Commissioner, 113 T.C. 145, 149 (1999); H. Rept. 99-426,                 
          supra; S. Rept. 99-313, supra.                                              
               Petitioner contends that interest should be abated because:            
          (1) Respondent erroneously determined petitioner’s income tax               
          liabilities for 1985 and 1986; (2) respondent seized petitioner’s           
          records in May 1991 when Mr. Amigron was arrested and then lost             
          some of those records, thereby depriving petitioner of the                  
          opportunity of defending himself against respondent’s deficiency            
          determinations; and (3) respondent failed to apply all of                   
          petitioner’s overpayment for 1985 against petitioner’s liability            
          for 1986, thereby overstating interest for 1986 and depriving               
          petitioner of the opportunity of immediately paying such interest           






Page:  Previous  9  10  11  12  13  14  15  16  17  18  19  20  21  22  23  24  25  26  27  28  Next

Last modified: May 25, 2011