Robert Wish and Erin Wish Riehs - Page 11




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          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 any           






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