- 5 - (B) any payment of any tax described in section 6212(a) to the extent that any unreasonable error or delay in such payment is attributable to such officer or employee being erroneous or dilatory in performing a ministerial or managerial act, the Secretary may abate the assessment of all or any part of such interest for any period. * * * In Woodral v. Commissioner, 112 T.C. 19 (1999), this Court held that respondent is authorized under section 6404(e) to abate interest only on any “deficiency” or payment of tax relating to income, estate, gift, generation skipping, or certain excise taxes. See id. at 25. This Court stated: Based on our review of section 6404(e) and the Code sections it references, we hold that the Commissioner lacks the authority to abate assessments of interest on employment taxes under section 6404(e). As the Commissioner has no authority to abate assessments of interest on employment taxes under section 6404(e), the Commissioner could not have committed an abuse of discretion–-a person with no discretion simply cannot abuse it. [Id.] Petitioner does not distinguish this case from Woodral. Rather, it asks us to overrule that decision of this Court. We decline to do so. We followed Woodral in Miller v. Commissioner, T.C. Memo. 2000-196, affd. 310 F.3d 640 (9th Cir. 2002). In affirming our decision, the Court of Appeals for the Ninth Circuit described Miller’s argument in terms identical to those made by petitioner in this case. The Court of Appeals held that the implementing regulation, section 301.6404-2(a)(1)(i), Admin. & Proced. Regs.,Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011