Joe Nathan Wright and Lola H. Wright - Page 6

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          his discretion arbitrarily, capriciously, or without sound basis            
          in fact or law.”  Lee v. Commissioner, 113 T.C. 145, 149 (1999).            
               B.  Application to This Case                                           
               As noted above, petitioners reported the tax amounts that              
          are generating the interest at issue.  Accordingly, there are no            
          deficiencies involved in this case, see sec. 6211(a), and                   
          petitioners can seek interest abatement only pursuant to section            
          6404(e)(1)(B).  Respondent is authorized to abate interest under            
          section 6404(e)(1)(B) in this case only to the extent any delay             
          in petitioners’ payment of their 1993 and 1994 tax liabilities is           
          attributable to the erroneous or dilatory performance of a                  
          ministerial act by an officer or employee of the IRS.                       
          II.  Petitioners’ Allegations                                               
               At trial, petitioners identified numerous instances of what            
          they allege to be erroneous or dilatory performance of                      
          ministerial acts by IRS employees during the processing of their            
          offers in compromise and requests for abatement.  Specifically,             
          petitioners allege that various IRS personnel: (1) Failed to                
          notify petitioners of the rejection of their second offer in                
          compromise, (2) ignored petitioners’ request for a report listing           
          the factors underlying the rejection of their third offer in                
          compromise, (3) temporarily refused to grant petitioners a                  
          requested Appeals conference following the rejection of their               
          third offer in compromise, (4) directed petitioners to submit               






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