Denny's Auto Sales, Inc. - Page 4




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          Internal Revenue Service (IRS).2  Such an error or delay in                 
          performing a ministerial act is taken into account only if it is            
          in no significant aspect attributable to the taxpayer and only if           
          it occurs after the IRS has contacted the taxpayer in writing               
          regarding the deficiency or payment.                                        
               Congress did not intend section 6404(e) to be “used                    
          routinely to avoid payment of interest”; rather, it is to be                
          “utilized in instances where failure to abate interest would be             
          widely perceived as grossly unfair.”  H. Rept. 99-426, at 844               
          (1985), 1986-3 C.B. (Vol. 2) 1, 844; S. Rept. 99-313, at 208                
          (1985), 1986-3 C.B. (Vol. 3) 1, 208.                                        
               For interest abatement claims made after July 30, 1996, the            
          Tax Court has jurisdiction to determine whether the                         
          Commissioner’s failure to abate interest under section 6404(e)              
          was an abuse of discretion.  See sec. 6404(i)(1);3 Woodral v.               
          Commissioner, 112 T.C. 19, 23 (1999).                                       
               In the petition, petitioner contends that respondent took an           
          “excessive amount of time in concluding the audit” and argues               


               2 In 1996, sec. 6404(e) was amended to permit abatement of             
          interest for “unreasonable” error or delay resulting from the               
          performance of ministerial or “managerial” acts.  Taxpayer Bill             
          of Rights 2, Pub. L. 104-168, sec. 301(a)(1) and (2), 110 Stat.             
          1457 (1996).  The amendment applies to tax years beginning after            
          July 30, 1996.  Id. at sec. 301(c), 110 Stat. 1457.  Therefore,             
          the amendment is inapplicable to the instant case.                          
               3 Sec. 6404(i) was redesignated sec. 6404(h) by the Victims            
          of Terrorism Tax Relief Act of 2001, Pub. L. 107-134, sec.                  
          112(d)(1)(B), 115 Stat. 2434-2435.                                          




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