- 5 - Under Rule 121, a summary adjudication may be made “if the pleadings, answers to interrogatories, depositions, admissions, and any other acceptable materials, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that a decision may be rendered as a matter of law.” Rule 121(b). No material facts are in dispute in this case; thus, whether respondent has authority to abate interest on employment taxes may be decided as a matter of law. Section 6404(e)(1) provides in pertinent part: (1) In general.--In the case of any assessment of interest on-- (A) any deficiency attributable in whole or in part to any unreasonable error or delay by an officer or employee of the Internal Revenue Service (acting in his official capacity) in performing a ministerial or managerial act, or (B) any payment of any tax described in section 6212(a) to the extent that any unreasonable error or delay in such payment is attributable to such officer or employee being erroneous or dilatory in performing a ministerial or managerial act, the Secretary may abate the assessment of all or any part of such interest for any period. * * * In Woodral v. Commissioner, supra, this Court held that respondent is authorized under section 6404(e) to abate interest only on any “deficiency” or payment of tax relating to income, estate, gift, generation skipping, or certain excise taxes. See id. at 25. This Court stated:Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011