Maurice W. Spiegel - Page 7




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          (1) The erroneous or dilatory ministerial act occurred after the            
          Commissioner notified the taxpayer in writing about the                     
          deficiency or payment, and (2) the taxpayer did not contribute              
          significantly to the error or delay.  Sec. 6404(e)(1).4                     

               4  Sec. 6404(e)(1) as enacted in 1986 and as applicable here           
          provides:                                                                   
                    SEC. 6404(e). 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.                       
               Congress amended sec. 6404(e) in 1996 to permit abatement of           
          interest for “unreasonable” error and delay in performing a                 
                                                             (continued...)           






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