Kin Sang Chan - Page 12




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          (Vol. 2) 1, 844; S. Rept. 99-313, at 208 (1986), 1986-3 C.B.                
          (Vol. 3) 1, 208.  Congress intended that abatement would be                 
          used sparingly, and it did not intend that abatement “be used               
          routinely to avoid payment of interest”.  Id.                               
               Petitioner contends that by conceding that the assessment              
          of interest on the Chans’ tax deficiencies should be abated for             
          the period between February 2 and December 31, 1996, respondent             
          has conceded that he abused his discretion when he failed to                
          abate interest resulting from the erroneous performance of a                
          ministerial act.  Petitioner argues that the question before                
          the Court relates to the appropriate period for the abatement               
          of interest and that the resolution of this issue does not                  
          require a further showing under an abuse of discretion                      
          standard.  Rather, petitioner maintains that he need only                   
          demonstrate that the interest he seeks to have abated was                   
          attributable to errors or delays by respondent’s employees in               
          performing ministerial acts.                                                
               Respondent maintains that the specified period for which he            
          agreed to abate the assessment of interest coincides with a                 
          demonstrable lack of respondent’s activity between the                      
          completion of the underlying income tax examination by Mr.                  
          Matos and the response to the request by KSCI and the Chans for             
          an administrative appeal of the examination findings.                       
          Consequently, respondent reasons that the concession derives                
          from that delay rather than an admission that respondent                    




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