- 6 - The Report of the Senate Finance Committee accompanying the Tax Reform Act of 1986, Pub. L. 99-514, 100 Stat. 2085, states: The committee does not intend that this provision be used routinely to avoid payment of interest; rather, it intends that the provision be utilized in instances where failure to abate interest would be widely perceived as grossly unfair. The interest abatement only applies to the period of time attributable to the failure to perform the ministerial act. * * * * * * * The committee intends that the term “ministerial act” be limited to nondiscretionary acts where all of the preliminary prerequisites, such as conferencing and review by supervisors, have taken place. Thus, a ministerial act is a procedural action, not a decision in a substantive area of tax law. For example, a delay in the issuance of a statutory notice of deficiency after the IRS and the taxpayer have completed efforts to resolve the matter could be grounds for abatement of interest. The IRS may define a ministerial act in regulations. [S. Rept. 99-313, at 208- 209 (1986), 1986-3 C.B. (Vol. 3) 1, 208-209.] The regulations provide: The term “ministerial act” means a procedural or mechanical act that does not involve the exercise of judgment or discretion, and that occurs during the processing of a taxpayer's case after all prerequisites to the act, such as conferences and review by supervisors, have taken place. A decision concerning the proper application of federal tax law (or other federal or state law) is not a ministerial act. [Sec. 301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 30163 (Aug. 13, 1987).] While petitioner's original application for abatement encompasses the deficiency and all the interest due for the 1996 taxable year, his subsequent request relates only to interest, and at the hearing, petitioner narrowed the scope of his request for abatement to the period between July 1998 (when he alleges that he orally requested that the file be sent from the InternalPage: Previous 1 2 3 4 5 6 7 8 9 Next
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