- 6 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011