Meda Smith - Page 8




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          1988 liability.  Petitioner seeks abatement and refund of all               
          interest that accrued after August 1990, when respondent                    
          classified the 1988 liability as uncollectible.                             
               Because respondent has determined no deficiency, section               
          6404(e)(1)(A) is inapplicable.  We construe petitioner’s claim as           
          arising under section 6404(e)(1)(B).  To be entitled to relief              
          under that section, petitioner must show that her delay in paying           
          the 1988 liability was attributable to an IRS officer or employee           
          being erroneous or dilatory in performing a ministerial act, and            
          that no significant aspect of the delay can be attributed to her.           
          Petitioner has failed to do so.                                             
               Respondent’s determination that the 1988 liability should be           
          classified as uncollectible required the exercise of discretion             
          and judgment.  Hence it was not a ministerial act, see sec.                 
          301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., 52 Fed. Reg.           
          30163 (Aug. 13, 1987), and cannot provide the requisite basis for           
          abating interest under section 6404(e).                                     
               Moreover, even if we were to assume, for sake of argument,             
          that respondent’s officers or employees erroneously performed (or           
          failed to perform) one or more prescribed ministerial acts in               
          classifying the 1988 liability as uncollectible, as petitioner              
          alleges, petitioner has still failed to establish that any such             
          missteps were the cause of her delayed payment of the 1988                  
          liability.  To the contrary, the evidence shows that the delay in           






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