Harold and Barbara Kupersmit - Page 6




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               Section 6404(e)(1), as applicable to petitioners’ 1996 tax             
          year, 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 applicable to petitioners’ 1997 tax           
          year.                                                                       
               An error or delay by an officer or employee of the IRS is              
          taken into account only if no significant aspect of the 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,                   
          abatement of interest for the period between the date a taxpayer            






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