Larry D. & Gail Scott - Page 10




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          had accrued on the deficiencies.  Petitioners’ request was denied           
          by letter dated May 27, 1998, because, according to the letter:             
               There was no ministerial act delaying completion of the                
               case. * * * [Petitioners] did not agree at the                         
               examination level or at the appeals level.  Allowing                   
               the * * * [petitioners] to present “new facts” in their                
               behalf and consider their request to have the case                     
               transferred contributed to the span of time in                         
               resolving their case.                                                  
               Petitioners filed a protest and after reconsidering                    
          petitioners' abatement of interest claim, on September 16, 1998,            
          respondent issued a Notice of Final Determination upholding the             
          denial of their interest abatement claim.  The petition in this             
          case was timely filed, pro sese, on February 22, 1999.                      
                                       OPINION                                        
               Subject to exceptions not relevant here, interest on a                 
          deficiency begins to accrue on the due date of the return and               
          continues to accrue, compounding daily, until payment is made.              
          See secs. 6601(a), 6622(a).                                                 
               The Commissioner has the authority to abate the assessment             
          of interest on a deficiency if the accrual of such interest is              
          attributable to an error or delay by an official or employee of             
          the Internal Revenue Service in performing a ministerial act.3              

               3 In 1996, section 6404(e) was amended under sec. 301 of the           
          Taxpayer Bill of Rights 2, Pub.L. 104-168, 110 Stat. 1452, 1457             
          (1996), to permit the Secretary to abate interest with respect to           
          an "unreasonable" error or delay resulting from "managerial" and            
          ministerial acts.  This amendment, however, applies to interest             
          accruing with respect to deficiencies or payments for tax years             
                                                             (continued...)           





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