- 17 - a TMP under a criminal investigation for the violation of internal revenue laws. On July 27, 2000, an associate chief in the Appeals Office approved the recommendation of an Appeals officer denying petitioner’s appeal of the denial of his informal interest abatement claim. In Form 5402-c, Appeals Transmittal Memorandum and Case Memo, the Appeals officer addressed each of petitioner’s arguments and determined that interest abatement was not warranted. Specifically, the Appeals officer concluded that the decision to remove a TMP under criminal investigation pursuant to section 6231(c) and the corresponding regulation is not a ministerial act, but rather is an act involving the Commissioner’s judgment and discretion. On the basis of the determination that failure to remove Jay Hoyt as the TMP was not an error or delay in performing a ministerial act, the Appeals officer recommended that interest not be abated. Further, the Appeals officer addressed petitioner’s other arguments that actions taken by respondent showed a pattern of unfair conduct and concluded that these claims did not warrant interest abatement. In addition, the Appeals officer made a determination that the increased interest rate pursuant to section 6621(c) wasPage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011