Joe Nathan Wright and Lola H. Wright - Page 5

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                    SEC. 6404(e).  Assessments of Interest                            
               Attributable to Errors and Delays by Internal Revenue                  
               Service.--                                                             
                    (1) In general.--In the case of any assessment of                 
                    interest on--                                                     
                             (A) any deficiency attributable in                       
                        whole or in part to any error or delay                        
                        by an officer or employee of the                              
                        Internal Revenue Service (acting in his                       
                        official capacity) in performing a                            
                        ministerial act, or                                           
                             (B) any payment of any tax described                     
                        in section 6212(a) to the extent that                         
                        any error or delay in such payment is                         
                        attributable to such  officer or                              
                        employee being erroneous or dilatory in                       
                        performing a ministerial act,                                 
                    the Secretary may abate the assessment of all or                  
                    any part of such interest for any period.  For                    
                    purposes of the preceding sentence, 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.                                            
          Section 6404(h) authorizes this Court to determine whether the              
          Secretary’s failure to abate interest under section 6404(e)(1)              
          was an abuse of discretion and, if the Court so determines, to              
          order an abatement.  “In order to prevail, the taxpayer must                
          demonstrate that in not abating interest the Secretary exercised            



               3(...continued)                                                        
          interest accruing with respect to deficiencies and payments for             
          tax years beginning after July 30, 1996.  Id. sec. 301(c).                  
          Hereafter, all references to sec. 6404(e)(1) will be to that                
          section prior to its amendment by the Taxpayer Bill of Rights 2.            




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