- 5 - must show that the Commissioner exercised his discretion arbitrarily, capriciously, or without sound basis in fact or law. Woodral v. Commissioner, supra at 23. As applicable for the year in issue, section 6404(e) permits the Commissioner to abate interest with respect to any “unreasonable” error or delay resulting from a ministerial or managerial act.3 The regulations define a ministerial act as 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 prerequisites to the act, such as conferences and review by supervisors, have taken place.” Sec. 301.6404-2(b)(2), Proced. & Admin. Regs. The regulations define a managerial act as “an administrative act that occurs during the processing of a taxpayer’s case involving the temporary or permanent loss of records or the exercise of judgment or discretion relating to management of personnel.” Sec. 301.6404- 2(b)(1), Proced. & Admin. Regs. Petitioners appear to assert that there was delay in processing the OIC. In particular, petitioners assert that delay resulted when the OIC was returned to them by the IRS for reasons 3 Sec. 6404(h), formerly sec. 6404(g), is applicable to requests for abatement after July 30, 1996. Taxpayer Bill of Rights 2 (TBOR 2), Pub. L. 104-168, sec. 302, 110 Stat. 1457 (1996). Further, sec. 301(a)(1) and (2) of TBOR 2 permits abatement of interest with respect to unreasonable error or delay from “managerial” acts, effective for interest accruing with respect to tax years beginning after July 30, 1996.Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011