- 23 - 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.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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