- 8 - interest would be widely perceived as grossly unfair.” S. Rept. 99-313, at 208 (1986), 1986-3 C.B. (Vol. 3) 1, 208; H. Rept. 99- 426, at 844 (1985), 1986-3 C.B. (Vol. 2) 1, 844. We have jurisdiction to order an abatement of interest where the Commissioner’s failure to do so is an abuse of discretion. Sec. 6404(i)(1).4 Petitioner seeks an abatement of all interest accrued with respect to the fraud penalties for 1989 and 1990, in effect claiming that the abatement should cover the entire period back to the due date of the returns for those years. Invoking section 301.6404-2T, Example (2), Temporary Proced. & Admin. Regs., supra,5 petitioner contends that respondent’s October 4, 1999 issuance of the notice of deficiency determining the 1989 and 1990 fraud penalties was a ministerial act that was improperly delayed, since respondent possessed all information and had completed all consultations with respect to these penalties by August 1995. Further, petitioner argues, the imposition of interest in these circumstances would be “widely perceived as grossly unfair” because respondent delayed asserting the 1989 and 1990 fraud penalties as a “litigation tactic” in the proceedings 4 In 2002, sec. 6404(i) was redesignated sec. 6404(h). Victims of Terrorism Tax Relief Act of 2001, Pub. L. 107-134, sec. 112(d)(1)(B), 115 Stat. 2434 (2002). 5 For taxable years beginning after July 30, 1996, this regulation has been amended and made final. See sec. 301.6404- 2(d), Proced. & Admin. Regs.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011