- 9 - Finally, the ACS employee did not have the authority to compromise petitioners’ liabilities. Deleg. Order No. 11 (Rev. 24), 1994-2 C.B. 550. It is the responsibility of the person entering into an agreement with an employee of the IRS to ascertain that the employee stays within the bounds of her authority. Boulez v. Commissioner, 810 F.2d 209, 218 (D.C. Cir. 1987), affg. 76 T.C. 209 (1981). A compromise agreement made by an employee lacking the requisite authority is not binding on the Commissioner. Id. We therefore conclude that petitioner and the ACS employee did not reach a valid agreement to compromise petitioners’ tax liabilities during the first or second call. Abatement of Interest We now decide whether respondent abused his discretion by refusing to abate interest on petitioners’ liabilities. Section 6404(e)(1)(B) provides that the Commissioner may abate all or any part of an assessment of interest on any payment of certain taxes if an error or delay in such payment is attributable to an officer or employee of the IRS being “erroneous or dilatory in performing a ministerial act”.7 A 7 Congress amended sec. 6404(e) in 1996 to permit abatement of interest for “unreasonable” error or delay in performing a ministerial or “managerial” act. Taxpayer Bill of Rights 2, Pub. L. 104-168, sec. 301(a), 110 Stat. 1457 (1996). That standard applies only to tax years beginning after July 30, 1996, and thus does not apply in the present case. Taxpayer Bill of Rights 2, (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011