- 11 - processing of the 1981 tax return. See sec. 301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 30162, 30163 (Aug. 13, 1987). Finally, respondent argues that the accrual of interest during the period in issue is solely attributable to petitioners’ decision to seek a hold (based on the claim for refund) on collection and not to pay the outstanding tax liability. In the instant case, petitioners have not specifically addressed upon which prong of section 6404(e)(1) they base their claim. In enacting section 6404(e)(1)(A), Congress vested the Commissioner with discretion to abate interest on any deficiency attributable in whole or in part to an error or delay committed by an officer or employee of the IRS in performing ministerial acts. For example, Congress explained that “a delay in the issuance of a statutory notice of deficiency after the IRS and the taxpayer have completed efforts to resolve the matter could be grounds for abatement of interest.” S. Rept. 99-313, at 209 (1986), supra at 209. Petitioners have not alleged that respondent committed any errors or delays in determining or assessing petitioners’ tax deficiency with regard to the 1981 tax year. Errors or delays in the determination or assessment of a deficiency, however, do not constitute the sole basis for relief under section 6404(e). Congress has also provided relief for anyPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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