- 17 - petitioners fully paid their taxes and interest for 1991-95) because respondent’s employees had: (1) Erroneously advised petitioners to seek relief through an offer in compromise; and (2) delayed working on petitioners’ case because they lost petitioners’ files, took maternity leave, regular leave, and job- related training and delayed it to work on other cases. Respondent contends that respondent’s denial of petitioners’ request to abate interest was not an abuse of discretion. The Commissioner may abate interest assessed on any deficiency or payment of tax to the extent that any error or delay in payment of the tax is attributable to erroneous or dilatory performance of a ministerial act by an officer or employee of the Commissioner, and the taxpayer caused no significant aspect of the delay. Sec. 6404(e)(1).4 A 4 Sec. 6404(e)(1), as enacted in 1986 and as applicable here, provides: 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 (continued...)Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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