- 5 - sound basis in law or fact. Woodral v. Commissioner, 112 T.C. 19, 23 (1999). Section 6404(e)(1) authorizes the Commissioner to abate the assessment of interest on: (1) Any deficiency attributable in whole or in part to any error or delay by an officer or employee of the IRS in performing a ministerial act, or (2) any payment of tax described in section 6212(a) to the extent that any error or delay in such payment is attributable to an officer or employee of the IRS being erroneous or dilatory in performing a ministerial act. In 1996, section 6404(e) was amended by section 301 of the Taxpayer Bill of Rights 2, Pub. L. 104-168, 110 Stat. 1457 (1996), to permit the Commissioner to abate interest with respect to an “unreasonable” error or delay resulting from “managerial” and ministerial acts. This amendment applies to interest accruing with respect to deficiencies or payments for tax years beginning after July 30, 1996. Woodral v. Commissioner, supra at 25 n.8. Accordingly, the amendment is not applicable to petitioner's 1990 and 1991 tax years. An error or delay by an officer or employee of the IRS is taken into account only if no significant aspect of such error or delay can be attributed to the taxpayer involved. Sec. 6404(e)(1). Moreover, only errors or delays occurring after the IRS has contacted the taxpayer in writing with respect to the deficiency or payment are taken into account. Id. Thus,Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011