- 7 - employee of the Internal Revenue Service * * * in performing a ministerial act,” or (B) an error or delay in payment of tax is attributable to such officer or employee being erroneous or dilatory in performing a ministerial act. “[A]n 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)(1).5 This Court has jurisdiction to order an abatement of interest only when a taxpayer can show that the Commissioner has abused his discretion in refusing a taxpayer’s request to abate interest. Sec. 6404(i). To show an abuse of discretion, a taxpayer must establish that respondent exercised his discretion arbitrarily, capriciously, or without sound basis in fact or law. Rule 142(a); Woodral v. Commissioner, 112 T.C. 19, 23 (1999) (citing Mailman v. Commissioner, 91 T.C. 1079, 1082 (1988)). Because Congress did not intend for section 6404(e) to be routinely used to avoid the payment of interest, we order abatement only “‘where failure to abate interest would be widely perceived as grossly unfair.’” Lee v. Commissioner, 113 T.C. 5In 1996, sec. 6404(e)(1) was amended by the Taxpayer Bill of Rights 2, Pub. L. 104-168, sec. 301, 110 Stat. 1457 (1996), to allow the Commissioner to abate interest for an “unreasonable” error or delay resulting from “managerial” and ministerial acts. The amendment applies to interest accruing on deficiencies for the tax years beginning after July 30, 1996, and is, accordingly, not applicable to this case. Woodral v. Commissioner, 112 T.C. 19, 25 n.8 (1999).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011