Robert Lee McElroy, Jr. - Page 4

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          officer or employee of the IRS being erroneous or dilatory in               
          performing a ministerial act.”  Lee v. Commissioner, 113 T.C.               
          145, 148 (1999).  Petitioner has not alleged a ministerial error            
          or delay within the meaning of section 6404(e).  Furthermore, the           
          evidence does not establish that respondent committed a                     
          ministerial error or delay requiring an abatement of interest.              
               Section 6404(g) is effective only for tax years ending after           
          July 22, 1998.  Nerad v. Commissioner, T.C. Memo. 1999-376.                 
          Consequently, section 6404(g)(1) is inapplicable because                    
          petitioner is seeking an abatement of interest on his income tax            
          liability for the taxable year 1995.                                        
               In reaching our holdings herein, we have considered all of             
          petitioner’s arguments, and, to the extent not mentioned above,             
          we find them to be irrelevant or without merit.                             
               To reflect the foregoing,                                              

                                                  Decision will be entered            
                                             for respondent.                          

















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