- 7 - (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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011