Lance A. McLee - Page 9

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          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.                             





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