Edward H. Jones, III - Page 13




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          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.                                      








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