- 15 - See H. Rept. 99-426, supra at 844, 1986-3 C.B. (Vol. 2) at 844; S. Rept. 99-313, supra at 208, 1986-3 C.B. (Vol. 3) at 208. 3. Whether Petitioner Would Have Paid the Tax Liability Earlier but for Respondent’s Error Finally, no abatement is warranted where, notwithstanding a mistake by the Commissioner, no earlier payment would have been made. See Wright v. Commissioner, T.C. Memo. 2004-69, affd. 125 Fed. Appx. 547 (5th Cir. 2005); see also Spurgin v. Commissioner, T.C. Memo. 2001-290; Bo v. Commissioner, T.C. Memo. 2005-150. Interest accruing merely because a taxpayer fails to pay the assessed tax is not subject to abatement under section 6404(e). Ahmaogak v. Commissioner, T.C. Memo. 2003-238; Donovan v. Commissioner, supra; Douponce v. Commissioner, T.C. Memo. 1999- 398. Petitioner has not demonstrated that the Brauns would have paid their tax liabilities for 1994 and 1997 earlier but for respondent’s actions. 4. Conclusion We recognize that petitioner underwent severe physical trauma, as well as job loss before and after his injury, all of which contributed to the Brauns’ failing to file or pay their income tax timely for 1994 or 1997. Our jurisdiction is limited, however, to determining whether respondent abused his discretion in not abating interest. From our review of the record, petitioner has not shown that respondent was dilatory in performing a ministerial or managerialPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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