- 8 - petitioners were not entitled to the abatement of interest, providing the following rationale: We did not find any errors or delays relating to the performance of ministerial acts, which merit abatement of interest for the period from January 1, 1992 to October 14, 1998. A ministerial act, as defined in the Code and Regulations, is a procedural or mechanical act that occurs during the processing of a taxpayer’s case and does not involve the exercise of judgement or discretion. Discussion Pursuant to section 6404(e)(1), as it applies in this case, the Commissioner may abate the assessment of interest on: (1) Any deficiency attributable to any error or delay by an officer or employee of the Internal Revenue Service (IRS) in performing a ministerial act or (2) any payment of any tax described in section 6212(a) to the extent that any error or delay in such payment is attributable to such officer or employee being erroneous or dilatory in performing a ministerial act. An error or delay is taken into account only (1) if no significant aspect of such error or delay can be attributed to the taxpayer, and (2) after the IRS has contacted the taxpayer in writing with respect to such deficiency or payment. Sec. 6404(e)(1). 2(...continued) that differed from the amended request. The former is not in the record, and it is unclear what the exact differences are. Respondent’s final determination appears to relate to the terms of the amended request, and petitioners refer to the same in their petition.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011