- 10 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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