- 5 - denied.2 Petitioner paid the deficiency of $3,990 on May 4, 2000. Petitioner sought review of his interest abatement request by the Appeals Office. The Appeals Office denied petitioner’s request by letter dated June 23, 2000. Section 6404(e) provides in relevant part: (1) In general.--In the case of any assessment of interest on-- (A) any deficiency attributable in whole or in part to any error or delay by an officer or employee of the Internal Revenue Service (acting in his official capacity) in performing a ministerial act, * * * * * * * * * * the Secretary may abate the assessment of all or any part of such interest for any period. For purposes of the preceding sentence, an error or delay shall be taken into account only if no significant aspect of such error or delay can be attributed to the taxpayer involved, and after the Internal Revenue Service has contacted the taxpayer in writing with respect to such deficiency * * *. Section 6404(i)(1) provides further that the “Tax Court shall have jurisdiction over any action brought by a taxpayer * * * to determine whether the Secretary's failure to abate interest * * * was an abuse of discretion, and may order an abatement”.3 The Internal Revenue Code does not define a ministerial act. 2 Respondent apparently did abate an addition to tax under sec. 6651 for failure to timely pay the tax. 3 Sec. 6404(i) also contains jurisdictional requirements to bring such an action. Respondent has not raised any jurisdictional bar, and the Court is satisfied that these prerequisites have been satisfied.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011