- 9 - raised with the Appeals Office respondent’s failure to abate interest under section 6404. Consequently, we shall not consider that matter.6 See Washington v. Commissioner, 120 T.C. 114, 123- 124 (2003); Magana v. Commissioner, 118 T.C. 488, 493-494 (2002). Based upon our examination of the entire record before us, we find that respondent did not abuse respondent’s discretion in determining to proceed with the collection action as determined in the notice of determination with respect to petitioner’s unpaid liability for 1997. Any of petitioner’s contentions and arguments that are not discussed herein are without merit and/or irrelevant. On the record before us, we shall grant respondent’s motion. Secretary to abate interest with respect to an “unreasonable” error or delay resulting from “managerial” as well as ministerial acts. The foregoing amendment applies to interest accruing with respect to deficiencies or payments for taxable years beginning after July, 30, 1996, and is applicable in the instant case. 6Assuming arguendo (1) that the record before us established that petitioner raised with the Appeals Office respondent’s failure to abate interest under sec. 6404 with respect to his taxable year 1997 and (2) that we concluded that we have jurisdiction under sec. 6404 to consider petitioner’s request that we review such failure, see Katz v. Commissioner, 115 T.C. 329, 340-341 (2000), on the instant record, we find that petitioner has not shown that respondent abused respondent’s discretion in failing to abate interest under sec. 6404 for his taxable year 1997. See sec. 6404(g). In fact, we find on that record that petitioner has failed to establish any error or delay attributable to an officer or employee of respondent being erroneous or dilatory in performing a ministerial or managerial act within that meaning of sec. 6404(e) requiring an abatement of interest with respect to his taxable year 1997.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
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