Dolores Nelson - Page 8

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          sound basis in fact or law.  Woodral v. Commissioner, 112 T.C.              
          19, 23 (1999); Wright v. Commissioner, supra.                               
               The authority to abate interest has limitations.  Although             
          Congress intended for the Commissioner to abate interest where              
          the failure to abate interest would be widely perceived as                  
          grossly unfair,6 section 6404(e)(1) also provides that “an error            
          or delay shall be taken into account only if no significant                 
          aspect of such error or delay can be attributed to the taxpayer             
          involved, and after the Internal Revenue Service has contacted              
          the taxpayer in writing with respect to such deficiency or                  
          payment.”                                                                   
               Respondent has abated all penalties, totaling $15,590.                 
          Respondent has also abated interest in the total amount of $1,458           
          for the period April 17, 1998, through April 30, 1999, when Mr.             
          Cool of the Problem Resolution Office led petitioner to believe             
          she had overpaid her tax liability and would be entitled to a               
          refund.                                                                     
               Petitioner’s 1996 Federal income tax return was filed and              
          the tax was paid on April 16, 1998, 1 year and 1 day after its              
          due date.  If a taxpayer fails to file a return and fails to pay            
          the tax owed, section 6404(e)(1) does not apply to the interest             
          that accrues on the unpaid tax before the Commissioner contacts             


               6  See Tax Reform Act of 1986, Pub. L. 99-514, sec. 1563(a),           
          100 Stat. 2762; S. Rept. 99-313, at 208 (1986), 1986-3 C.B.                 
          (Vol.3) 1, 208.                                                             




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