Meda Smith - Page 6




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          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.                                 





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