Michael W. Braun - Page 10

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               In 1996, Congress amended section 6404(e) to allow abatement           
          attributable to erroneous or dilatory performance by respondent             
          of managerial acts, but Congress made the amendment effective               
          only for interest accruing on tax deficiencies or payments for              
          tax years beginning after July 30, 1996.  The former standard for           
          interest abatement, therefore, applies to 1994, while the amended           
          provision applies to petitioner’s interest abatement claim                  
          regarding 1997.                                                             
               Specifically, for 1994 the Commissioner may abate the                  
          assessment of interest with respect to an “error or delay” by an            
          officer or employee of the IRS in performing a “ministerial act.”           
          Sec. 6404(e)(1).  For 1997, the Commissioner may abate the                  
          assessment of interest with respect to any “unreasonable error or           
          delay” resulting from “managerial” as well as ministerial acts.             
          Sec. 6404(e)(1); see Taxpayer Bill of Rights 2, Pub. L. 104-168;            
          sec. 301(a)(1) and (2), 110 Stat. 1457 (1996) (effective for                
          interest accruing with respect to deficiencies or payments for              
          taxable years beginning after July 30, 1996).                               
               A “ministerial act” is a procedural or mechanical act that             
          does not involve the exercise of judgment or discretion and that            
          occurs during the processing of a taxpayer’s case after all                 
          discretionary decisions in the case have occurred.  Goblirsch v.            
          Commissioner, T.C. Memo. 2005-78 (citing Lee v. Commissioner,               
          supra, and Donovan v. Commissioner, T.C. Memo. 2000-220); sec.              






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