Thomas and Julia Bo - Page 20

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          301.6404-2T(b)(1) and (2), Example (4), Temporary Proced. &                 
          Admin. Regs., supra.                                                        
               3.   Job-Related Training                                              
               Petitioners point out that Watson attended job-related                 
          training from April 30 to May 11, 2001, and contend that this               
          delay is due to a ministerial act.  We disagree.                            
               The decision to send Watson to job-related training and to             
          not reassign the case is not a ministerial act under section                
          6404(e)(1).  Durham v. Commissioner, T.C. Memo. 2004-125; Goettee           
          v. Commissioner, T.C. Memo. 2003-43; Jean v. Commissioner, T.C.             
          Memo. 2002-256; Camerato v. Commissioner, T.C. Memo. 2002-28;               
          Jacobs v. Commissioner, T.C. Memo. 2000-123; sec.                           
          301.6404-2T(b)(2), Example (4), Temporary Proced. & Admin. Regs.,           
          supra.                                                                      
          C.   June 26 to November 7, 2001                                            
               Respondent lost petitioners’ file from June 26 to November             
          7, 2001.  The Commissioner’s loss of a taxpayer’s file is a                 
          ministerial act.  Palihnich v. Commissioner, supra.  Respondent             
          concedes that interest that accrued during this period should be            
          abated.                                                                     
               Petitioners contend that respondent lost petitioners’ files            
          many other times.  However, petitioners have not identified those           
          times, and the record does not support that conclusion.                     







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