- 14 - 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.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011