Orlando J. and Christina E. Guerrero - Page 10

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          income tax liability, and he issued a notice of deficiency                  
          reflecting his determination before the period of limitations for           
          assessment provided by the Internal Revenue Code had expired.               
          Each of these adjustments required respondent to apply Federal              
          income tax law to facts that petitioners provided.  None of                 
          respondent’s adjustments to petitioners’ 2000 return constituted            
          a ministerial or managerial act within the meaning of section               
          6404(e).                                                                    
               In this case it was petitioners’ own mistakes that caused              
          the delay in correctly calculating petitioners’ 2000 income tax             
          liability.  Section 6404(e) permits an abatement of interest only           
          when the interest is not attributable to error or delay by the              
          taxpayers.  Moreover, most of petitioners’ argument is directed             
          to respondent’s perceived delay in identifying petitioners’                 
          mistakes and correcting them.  However, section 6404(e) does not            
          authorize the abatement of interest from the due date of the                
          return until the Commissioner contacts a taxpayer in writing with           
          respect to the deficiency.  In this case respondent did not                 
          contact petitioner in writing with respect to the 2000 income tax           
          deficiency until April 22, 2002.  Respondent’s failure to abate             
          interest from the date petitioners’ return was filed to April 22,           
          2002, was not, and under section 6404(e) cannot be, an abuse of             
          discretion.  See sec. 6404(e); Donovan v. Commissioner, supra; H.           
          Rept. 99-246, supra at 844, 1986-3 C.B. (Vol. 2) at 844.                    






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