- 13 - interest sought to be abated) was not caused by any error or dilatory action of respondent in performing a managerial or ministerial act, (2) petitioner was solely responsible for the delay in paying the taxes shown on his tax return, and (3) respondent did not abuse respondent’s discretion in denying petitioner’s request to abate interest. It is not enough for petitioner to show that interest is attributable to IRS officers’ or employees’ being erroneous or dilatory; he also must show that they were erroneous or dilatory “in performing a ministerial or managerial act”. Sec. 6404(e)(1)(B). Further, petitioner must show that respondent’s failure to abate interest was an abuse of discretion. However, by moving for summary judgment, respondent has assumed the obligation of showing that respondent is entitled to a decision as a matter of law. See Rule 121(b). By and large, respondent has satisfied this obligation. However, we conclude that, as to portions of two periods respondent has come up short because of the absence of information or even clear allegations--one involving delays in performing managerial acts and one involving an error in performing a ministerial act. Accordingly, respondent’s motion for summary judgment will be granted in part and denied in part.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 NextLast modified: March 27, 2008