Nina H. Pettyjohn - Page 23




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          with this Court.  Rather, petitioner paid the deficiency in tax,            
          but not the interest thereon.  Accordingly, on May 26, 1997,                
          respondent assessed the deficiency, together with interest                  
          thereon, and sent petitioner a notice of balance due regarding              
          the unpaid interest.                                                        
               In our view, the record does not reveal any ministerial                
          error or delay by respondent.  Any delay in the assessment of the           
          deficiency is attributable to petitioner, who could have                    
          consented in writing to the assessment at an earlier stage in the           
          process.  See sec. 6213(d).  Further, interest accruing after the           
          date on which the deficiency was paid is due to petitioner’s                
          failure to pay the outstanding interest and not due to a                    
          ministerial act on respondent’s part.  See Donovan v.                       
          Commissioner, T.C. Memo. 2000-220; see also sec. 6404(e)(1) (“an            
          error or delay shall be taken into account only if no significant           
          aspect of such error or delay can be attributed to the taxpayer             
          involved”).  Accordingly, we hold that respondent did not abuse             
          his discretion in refusing to abate interest for the period from            
          October 4, 1996, to April 15, 2000, the date on which                       
          petitioner’s account was fully paid.                                        
          D.  Section 6404(e)(2)                                                      
               Finally, although petitioner does not cite or expressly rely           
          on section 6404(e)(2), we think it appropriate to comment on that           


               12(...continued)                                                       
          1995.                                                                       




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