- 7 - On October 7, 2002, respondent issued to petitioner a Full Disallowance-Final Determination, disallowing petitioner’s request for an abatement of interest. Respondent denied the request on the basis of the following: We did not find any errors or delays relating to the performance of a ministerial act by an IRS employee. The law allows for possible interest abatement only when there is an error or delay caused by an IRS employee in performing a ministerial act, which is defined as a procedural or mechanical act that does not involve the exercise of judgment or discretion. In your claim and in your appeal letter, you requested abatement of all the assessed interest on the 1994 tax account. You did not contend that there was any error or delay by the IRS in the process of assessing the additional tax liability on the 1994 tax account. You simply stated that you thought you had full paid the amount of additional tax liability due, and that once the tax liability was paid, you understood that the assessed interest amount could be negotiated for abatement. You then explained that you have financial problems and requested that the assessed interest be abated due to your inability to pay. However, a review of the requirements of the law [IRC section 6404(e)] reveals that interest assessed on the tax account cannot be abated unless the specific requirements of the law are met. There is no provision in this law to negotiate the amount of interest due required by the law or to consider reasons of ‘inability to pay’. Therefore, your claim for interest abatement cannot be allowed. On October 28, 2002, petitioner filed a Petition for Review of Failure to Abate Interest Under Code Section 6404 with the Court disputing respondent’s determination. OPINION Section 6404(e)(1) provides that the Commissioner may abate the assessment of interest on payment of tax to the extent a delay in such payment is attributable to any error or delay by anPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011