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