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