Robert James Jaffe - Page 6

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          the notice of determination, respondent granted interest                    
          abatement for the period August 9, 1997 (31 days after the                  
          closing agreement for Asher was signed by Asher’s TMP), through             
          December 10, 1998 (the date respondent countersigned the closing            
          agreement), and denied petitioner’s request for interest                    
          abatement for the periods April 15, 1984, through August 9, 1997,           
          and December 10, 1998, through December 1, 2000.  Petitioner                
          timely filed a petition in this Court, requesting review of                 
          respondent’s determination to deny in part his request for                  
          interest abatement for the period April 15, 1984, through August            
          1, 1999.                                                                    
                                       OPINION                                        
               As applicable to the years in question, 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           
          to the extent that any 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”.6  A                 
          ministerial act is a procedural or mechanical act that does not             
          involve the exercise of judgment or discretion and that occurs              


               6 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.  Id. sec. 301(c).                       





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