- 5 - Appeals Office. Magana v. Commissioner, 118 T.C. 488, 493 (2002). As applicable to the taxable years before this Court, section 6404(e)(1) provides, in pertinent part, that the Commissioner may abate the assessment of interest on any deficiency attributable 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. A ministerial act means a procedural or mechanical act that does not involve the exercise of judgment. Lee v. Commissioner, 113 T.C. 145, 149-150 (1999). An error or delay is taken into account only (1) if no significant aspect of the error or delay can be attributed to the taxpayer and (2) after the Internal Revenue Service has contacted the taxpayer in writing with respect to the deficiency or payment. Sec. 6404(e)(1). If a taxpayer fails to file a return and fails to pay the tax he owes, section 6404(e) would not apply to the interest that accrues on unpaid taxes before the Commissioner contacts the taxpayer in writing with respect to the tax. Wright v. Commissioner, T.C. Memo. 2002-312. Petitioner bears the burden of proving that respondent abused his discretion by denying his request for interest abatement. Rule 142(a); Woodral v. Commissioner, 112 T.C. 19, 23 (1999). In order to prevail, a taxpayer must prove that the Commissioner exercised this discretion arbitrarily, capriciously,Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011