Laurence L. and Patricia Jacobs - Page 14




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          assessment of interest on any deficiency or payment of tax                  
          (described in section 6212(a)) if either:  (1) Such deficiency              
          was attributable to an error or delay by a Service official in              
          performing a ministerial act or (2) any error or delay in such              
          payment is attributable to a Service official's being erroneous             
          or dilatory in performing a ministerial act.  See sec.                      
          6404(e)(1).  A taxpayer can obtain relief only if no significant            
          aspect of the error or delay can be attributed to the taxpayer              
          involved.  See id.  Section 6404(e) is not intended to be                   
          routinely used to avoid payment of interest; rather, Congress               
          intended abatement of interest only where failure to do so "would           
          be widely perceived as grossly unfair."  H. Rept. 99-426, at 844            
          (1985), 1986-3 C.B. (Vol. 2), 1, 844; S. Rept. 99-313, at 208               
          (1985), 1986-3 C.B. (Vol. 3), 1, 208.  The Tax Court has                    
          jurisdiction to review for abuse of discretion the Commissioner's           
          failure to abate interest and may order an abatement.  See sec.             
          6404(i).                                                                    
               The term "ministerial act" means a procedural or mechanical            
          act that does not involve the exercise of judgment or discretion            
          and that occurs during the processing of a taxpayer's case after            
          all prerequisites to the act, such as conferences and review by             
          supervisors, have taken place.  Sec. 301.6404-2T(b)(1), Temporary           

          8(...continued)                                                             
          not apply to the instant case.  See TBOR 2 sec. 301(c), 110 Stat.           
          1457.                                                                       





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