- 6 - employee of the Commissioner.6 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 6 Sec. 6404(e) provides: 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 taken into account only if no significant aspect of such error or delay can be attributed to the taxpayer involved, and after the Internal Revenue Service has contacted the taxpayer in writing with respect to such deficiency or payment. 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. 1452, 1457 (1996). The amendment applies to tax years beginning after July 30, 1996. Id. sec. 301(c), 110 Stat. 1457. Therefore, the amendment is inapplicable to the instant case. We intend no inference that we would reach a different result in this case if the amendment were applicable.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011