Nina H. Pettyjohn - Page 13




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          which referenced just the taxable years 1994 and 1995, the                  
          director of respondent’s Atlanta Service Center advised                     
          petitioner of respondent’s intention not to abate interest on the           
          deficiencies in income taxes for those 2 years because “There               
          were no delays or errors relating to the performance of [a]                 
          ministerial act”.  The letter also stated, in part, as follows:             
                    Under Internal Revenue Code Section 6404(e)(1),                   
               interest may only be abated on errors or delays that                   
               occur after the date the Internal Revenue Service                      
               contacts the taxpayer in writing with respect to the                   
               deficiency or payment.  The amount accrued prior to                    
               this date cannot be abated regardless of the period                    
               that may have elapsed since the taxpayer’s return was                  
               filed.  Your requests for abatement of interest were                   
               based on acts that happened prior to the Internal                      
               Revenue Service’s contacts with you in respect to the                  
               deficiencies of 1994 and 1995 tax years.                               

                    Filing your 1988 through 1995 tax returns without                 
               an audit being performed to alert you that the “gift                   
               giving” deduction should not be allowed happened prior                 
               to the Internal Revenue Service’s contacts with you in                 
               regards to the deficiencies.  Therefore, this time                     
               period does not qualify for abatement of interest under                
               Internal Revenue Code Section 6404(e)(1).                              

                    There were also no erroneous refunds, which were                  
               issued to you due to errors or oversights by the                       
               Internal Revenue Service.  Under Internal Revenue Code                 
               Section 6404(e)(2), interest may be abated with respect                
               to a erroneous refund check.  The Secretary shall abate                
               the assessment of all interest on any erroneous refund                 
               until the date demand for repayment is made, unless (1)                
               the taxpayer (or related party) has in any way caused                  
               such erroneous refund or (2) such erroneous refund                     
               exceeds $50,000.                                                       

                    In reviewing your claim for abatement of interest                 
               under the “erroneous refund” provisions, it has been                   
               determined that all refunds issued to you were based on                
               the original filing of your individual Form 1040 for                   
               each tax year.  Your contention that the Tax Examiners                 
               should have noticed and not allowed the tax free gift-                 





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