- 9 - II. Standard for Tax Court Review of Commissioner’s Refusal To Abate Interest Section 6404(e)5 authorizes the Commissioner to abate the assessment of interest on any deficiency or payment of tax if there is a delay in such payment attributable in whole or in part to any error or delay by an officer or employee of the Internal Revenue Service in performing a ministerial act. The statute specifically provides that 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”. Sec. 6404(e)(flush language). In addition, an error or delay is taken into account only “after the Internal Revenue Service has contacted the taxpayer in writing with respect to such deficiency or payment.” Id. Thus, abatement of interest for the period of time between the date a taxpayer files a return and the date respondent commences an audit is not permitted under section 6404(e). Sims v. Commissioner, T.C. Memo. 1999-414 (citing H. Rept. 99-426, at 844 (1985), 1986-3 C.B. (Vol. 2) 1, 844). 5 Sec. 6404(e) was amended in 1996 by sec. 301 of the Taxpayer Bill of Rights 2, Pub. L. 104-168, 110 Stat. 1452, 1457 (1996), to permit the Commissioner to abate interest with respect to an “unreasonable” error or delay resulting from “managerial or ministerial acts.” This amendment applies to interest accruing with respect to deficiencies or payments for tax years beginning after July 30, 1996. Woodral v. Commmissioner, 112 T.C. 19, 25 n.8 (1999). Accordingly, the amendment is not applicable to petitioner’s 1992 and 1993 tax years.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011