Barry R. Downing and Mary A. Downing - Page 14




                                       - 14 -                                         
          requirements because all of their offers were substantially less            
          than the value of their available assets.                                   
               We conclude that petitioners are liable for the addition to            
          tax under section 6651(a)(2) for failure to pay tax.                        
          C.   Whether Respondent’s Failure To Abate Interest Was an Abuse            
               of Discretion                                                          
               The parties stipulated that respondent misplaced                       
          petitioners’ offer in compromise from about April 15, 1996, to              
          April 16, 1997.5  The Commissioner may abate part or all of an              
          assessment of interest on any deficiency or payment of income,              
          gift, estate, and certain excise tax to the extent that any error           
          or delay in payment is attributable to erroneous or dilatory                
          performance of a ministerial act by an officer or employee of the           
          Commissioner if:  (a) The erroneous or dilatory performance of              
          the ministerial act occurred after the Commissioner notified the            
          taxpayer in writing about the deficiency or payment, and (b) the            
          taxpayer did not contribute significantly to the error or delay.            
          See sec. 6404(e)(1).  We apply an abuse of discretion standard in           
          reviewing the Commissioner’s failure to abate interest.  Krugman            
          v. Commissioner, 112 T.C. 230, 239 (1999); Woodral v.                       
          Commissioner, 112 T.C. 19, 23 (1999).  Petitioners contend that             
          respondent’s failure to abate interest that accrued during the              


               5  The burden of proof does not affect our disposition of              
          this issue because no fact issue is in dispute relating to                  
          petitioners’ claim.                                                         






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011