- 9 - being erroneous or dilatory in performing a ministerial or managerial act. On the contrary, the record indicates that any delay that may have occurred was attributable to petitioner.5 Section 6404(e)(1) prohibits abatement of interest if a significant aspect of the error or delay is attributable to the taxpayer. Finally, petitioner cannot successfully argue that respondent’s action enforcing the terms of the settlement between petitioner and respondent was an abuse of discretion. The decision resolving petitioner’s deficiency case included the parties’ stipulation acknowledging that statutory interest would be assessed on both the deficiencies and penalties for the years at issue as required by law. See sec. 6601(a), (e)(2). Respondent assessed interest in accordance with the stipulation of the parties. Petitioner has failed to demonstrate that there 5 Petitioner, who was represented by both a tax attorney and a certified public accountant, failed to cooperate with respondent during the audit in that petitioner refused to provide information requested by respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 NextLast modified: November 10, 2007