- 16 - OPINION In general, interest on a deficiency in income tax begins to accrue on the due date of the return for such tax and continues to accrue, compounding daily, until payment is made. See secs. 6001(a), 6622(a). This Court may order an abatement of interest only if there is an abuse of discretion by the Commissioner in failing to abate interest. Sec. 6404(i), formerly 6404(g). In order to demonstrate an abuse of discretion, a taxpayer must prove that the Commissioner exercised his discretion arbitrarily, capriciously, or without sound basis in fact or law. See Rule 142(a); Lee v. Commissioner, 113 T.C. 145, 149 (1999); Woodral v. Commissioner, 112 T.C. 19, 23 (1999). The Commissioner has the authority to abate, in whole or in part, an assessment of interest on a deficiency if the accrual of such interest is attributable to an error or delay by an officer or employee of the Internal Revenue Service (IRS), acting in his or her official capacity, in performing a ministerial act. See sec. 6404(e)(1).9 An error or delay by the Commissioner can be taken into account only: (1) If it occurs after the Commissioner 9 Sec. 6404(e) was amended in 1996 by TBOR 2 sec. 301, 110 Stat. 1457, 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; accordingly, the amendment is inapplicable in the present case. See Woodral v. Commissioner, 112 T.C. 19, 25 n.8 (1999).Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
Last modified: May 25, 2011