Raymond M. and Joy D. Jean - Page 7




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          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).                                                          






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