- 10 - Even where errors or delays are present, the decision to abate interest remains discretionary. Sec. 6404(e)(1). This Court may order an abatement only where the Commissioner’s failure to abate interest was an abuse of that discretion. Sec. 6404(i)(1). The Commissioner’s exercise of discretion is entitled to due deference; in order to prevail, the taxpayer must demonstrate that in not abating interest, the Commissioner exercised his discretion arbitrarily, capriciously, or without sound basis in fact or law. Woodral v. Commissioner, supra at 23. We note at the outset that petitioners’ arguments are fundamentally flawed because they fail to assert any correlation between an error or delay in the performance of a ministerial act by respondent and a specific period of time over which interest should be abated as a result of that error or delay. Such a correlation is required for abatement under section 6404(e). Donovan v. Commissioner, T.C. Memo. 2000-220. It is clear from the record that petitioners are seeking an abatement of interest not because of any specific ministerial act, but merely because they are dissatisfied with the amount of time it took to resolve their case. In fact, petitioners stated in the abatement request submitted to the IRS that they chose January 1, 1992, as the 3(...continued) interest accruing with respect to deficiencies or payments for taxable years beginning after July 30, 1996. Id. par. (d).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011