- 5 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011