- 5 - that occurs during the processing of a taxpayer’s case after all prerequisites to the act, such as conferences and review by supervisors, have taken place.” Sec. 301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 30163 (Aug. 13, 1987). The final regulations under section 6404(e), which were issued on December 18, 1998, generally effective with respect to interest accruing on deficiencies or payments of tax for taxable years beginning after July 30, 1996, provide the same definition. Sec. 301.6404-2, Proced. & Admin. Regs. The final regulations note that a managerial act is “an administrative act that occurs during the processing of a taxpayer’s case involving the temporary or permanent loss of records or the exercise of judgment or discretion relating to management of personnel." Sec. 301.6404-2(b)(1), Proced. & Admin. Regs. We review for abuse of discretion the Commissioner’s determination denying an abatement of interest. See sec. 6404(i); Lee v. Commissioner, 113 T.C. 145, 149 (1999). We find no abuse of discretion here. Petitioners have not established any unreasonable error or delay on behalf of the Commissioner in performing a ministerial or managerial act that occurred before June 1, 2000. In fact, the record indicates that the interest accruals before June 1, 2000, were merely the result of petitioners’ failure to pay the entire balance owed, and not thePage: Previous 1 2 3 4 5 6 Next
Last modified: May 25, 2011