George N. and Maggie Ahmaogak - Page 11

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          return was timely filed and selected for examination                        
          approximately 1 year later.  Approximately 7 months later the               
          revenue agent’s report was issued proposing adjustments similar             
          to those made in other years.  Less than a year after the return            
          had been selected for examination, and within months of the                 
          issuance of the revenue agent’s report, respondent issued a                 
          notice of deficiency determining a deficiency in petitioners’               
          1989 Federal income tax.8  Petitioners failed to timely petition            
          this Court in response to that notice, and the deficiency, a                
          penalty, an addition to tax, and interest were appropriately                
          assessed.  We find no delay in the assessment process as outlined           
          above, much less any dilatory or erroneous act by respondent’s              
          employee in performing a ministerial act that caused any delay.             
               The interest that accrued on petitioners’ 1989 Federal                 
          income tax liability resulted from petitioners’ failure to pay              
          their 1989 Federal income tax liability when due.  Section                  
          6404(e) does not authorize the abatement of interest upon that              
          ground, and respondent’s refusal to grant such an abatement is              
          not an abuse of discretion.  See Donovan v. Commissioner, T.C.              
          Memo. 2000-220; Douponce v. Commissioner, T.C. Memo. 1999-398.              


               8  We note that an “unreasonable delay in the issuance of a            
          statutory notice of deficiency after the IRS and the taxpayer               
          have completed efforts to resolve the matter” could be a ground             
          for abatement of interest under sec. 6404(e), see H. Rept. 99-              
          426, at 845 (1985), 1986-3 C.B. (Vol. 2) 1, 845, but there was no           
          such delay in this case.                                                    





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