Harry R. Gross - Page 9




                                         - 9 -                                           

               The regulations, in relevant part, provide that the term                  
          "ministerial act" means a procedural or mechanical act that does               
          not involve the exercise of judgment or discretion.  See sec.                  
          301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., 52 Fed. Reg.              
          30163 (Aug. 13, 1987).8  The regulations issued by the Secretary               
          provide several examples of what does and does not constitute a                
          ministerial act.                                                               
               Although petitioner requested an abatement of all interest                
          associated with his 1988 tax year, the acts petitioner contends                
          delayed the payment of his 1988 tax liability did not occur until              
          March of 1991 or later.  Thus, petitioner’s failure to pay his                 
          1988 tax liability prior to March of 1991 was solely attributable              
          to petitioner.  Therefore, the interest that accrued on                        
          petitioner’s 1988 tax liability before March of 1991 is not                    
          abatable.  The Commissioner, therefore, did not abuse his                      
          discretion in refusing to abate the interest for this time                     
          period.                                                                        
               Although the 1990 carryback was not applied to the 1988 tax               
          year until March 11, 1996, petitioner concedes that no interest                

               8    The final Treasury regulation under sec. 6404 was                    
          issued on Dec. 18, 1998.  The final regulation contains the same               
          definition of ministerial act as the temporary regulation.  See                
          sec. 301.6404-2(b)(2), Proced. & Admin. Regs.  The final                       
          regulation generally applies to interest accruing on deficiencies              
          or payments of tax described in sec. 6212(a) for tax years                     
          beginning after July 30, 1996.  See sec. 301.6404-2(d)(1),                     
          Proced. & Admin. Regs.                                                         





Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  Next

Last modified: May 25, 2011