- 8 - Accrued-But-Unassessed Interest as of January 15, 1997 In January 1997, petitioner contacted respondent and asked for a payoff amount for its then-outstanding Federal employment tax liabilities. For the fourth quarter of 1993, respondent’s employee quoted petitioner an erroneous payoff amount that failed to take into account interest and additions to tax that had accrued but had not yet been assessed. Unaware of respondent’s error, petitioner paid this payoff amount on January 15, 1997, but now suggests that, because respondent failed to include accrued but unassessed interest in the payoff amount, such interest should be abated. Petitioner’s position is without merit. In effect, petitioner asks to be relieved of this interest liability because respondent failed to notify petitioner that the interest was due. There is no suggestion that petitioner was not otherwise liable for that interest, and petitioner readily acknowledges that, had it been made aware of such interest, it would have paid the interest on January 15, 1997. Under these circumstances, we do not consider the unassessed interest that accrued prior to January 16, 1997, to be unfair. Because that interest is not otherwise excessive in amount, assessed after the expiration of the period of limitations, or erroneously or illegally assessed, section 6404(a) does not provide respondent with the authority to abate that unpaid interest. Because therePage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011