Seymour and Beatrice Leffert - Page 14




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               in processing our appeal.  It seems both unfair and                    
               undue hardship.                                                        
               On September 18, 1998, respondent issued to petitioners a              
          notice of final determination denying their request for abatement           
          of interest for 1982 and 1983.  In his notice, respondent stated            
          that he had not found any errors or delay in the period from                
          December 1988 through August 1997 relating to the performance of            
          a ministerial act.                                                          
                                       OPINION                                        
               Under section 6404(e)(1), the Commissioner may abate part or           
          all of an assessment of interest on any deficiency or payment of            
          income tax to the extent that any error or delay in payment is              
          attributable to erroneous or dilatory performance of a                      
          ministerial act by an officer or employee of the IRS.8  A                   
          ministerial act means a procedural or mechanical act that does              
          not involve the exercise of judgment or discretion and occurs               
          during the processing of a taxpayer’s case after all the                    
          prerequisites to the act, such as conferences and review by                 
          supervisors, have taken place.  See Lee v. Commissioner, 113 T.C.           
          145 (1999); sec. 301.6404-2T(b)(1), Temporary Proced. & Admin.              


               8Sec. 6404(e) was amended by the Taxpayer Bill of Rights 2,            
          Pub. L. 104-168, sec. 301(a)(1) and (2), 110 Stat. 1452, 1457               
          (1996), to permit the Commissioner to abate interest with respect           
          to an “unreasonable” error or delay resulting from “managerial”             
          or ministerial acts.  The amendment applies to interest accruing            
          with respect to deficiencies for taxable years beginning after              
          July 30, 1996, and is inapplicable to the instant case.                     





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