James Edward Crawford - Page 10




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          abatement where the Commissioner’s failure to abate interest was            
          an abuse of discretion.  Sec. 6404(i).  The taxpayer must                   
          demonstrate that the Commissioner, in failing to abate interest,            
          exercised his discretion arbitrarily, capriciously, or without              
          sound basis in law or fact.  Woodral v. Commissioner, 112 T.C.              
          19, 23 (1999).                                                              
               Petitioner requests abatement of interest pursuant to                  
          section 6404(e)(1).  Section 6404(e)(1), as applicable to                   
          petitioner’s 1980 and 1983 tax years,2 reads as follows:                    
                    Sec. 6404(e).  Assessments of interest                            
               attributable to errors and delays by Internal Revenue                  
               Service.--                                                             
                    (1) In General.--In the case of any assessment of                 
               interest on–-                                                          
                    (A) any deficiency attributable in whole or                       
                    in part to any error or delay by an officer or                    
                    employee of the Internal Revenue Service (acting                  
                    in his official capacity) in performing a                         
                    ministerial act, or                                               
                         (B) any payment of any tax described in                      
                    section 6212(a) to the extent that any error or                   
                    delay in such payment is attributable to such                     
                    officer or employee being erroneous or dilatory in                
                    performing a ministerial act,                                     
               the Secretary may abate the assessment of all or any                   
               part of such interest for any period.  For purposes of                 
               the preceding sentence, an error or delay shall be                     

               2  Congress amended sec. 6404(e) in 1996 to permit abatement           
          of interest for “unreasonable” error or delay in performing a               
          “ministerial or managerial” act.  Taxpayer Bill of Rights 2 (TBOR           
          2), Pub. L. 104-168, sec. 301(a)(1) and (2), 110 Stat. 1457                 
          (1996).  That standard, however, applies to tax years beginning             
          after July 30, 1996.  TBOR 2 sec. 301(c), 110 Stat. 1457.                   





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