Michael W. Braun - Page 12

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          respond to an earlier phone inquiry by respondent.14  These                 
          errors, petitioner claims, account for the undue delay in                   
          respondent’s denial of his offers in compromise.  Consequently,             
          petitioner contends that respondent should have abated all                  
          interest related to the Brauns’ tax liabilities for 1994 and                
          1997.  We address each of petitioner’s contentions in turn.                 
          1.   Whether Petitioner Established an Error or Delay by                    
               Respondent in Performing a Ministerial or Managerial Act               
               For petitioner to prevail, he must first identify an error             
          or delay by respondent in the performance of a ministerial act              
          for 1994 or a ministerial or managerial act for 1997.  Examples             
          of ministerial errors or delays include an unreasonable delay in            
          the transferral of a case among IRS district offices or a delay             
          in the issuance of a deficiency notice after all discretionary              
          decisions in the case have occurred.  See sec. 301.6404-2(c),               
          Examples (1) and (2), Proced. & Admin. Regs.  Petitioner has                
          alleged no delays attributable to the transferral of his case               
          among IRS offices or a delay in issuing the Brauns a notice of              



               14Petitioner cites, as an example of respondent misleading             
          him, a call from respondent on Mar. 21, 2000, requesting pay                
          stubs and Form 433-A from petitioner.  In response, petitioner              
          sent respondent two letters on Apr. 1 and Apr. 4, 2000.  In a               
          letter on Apr. 5, 2000, respondent stated, among other things,              
          that he had “received no response” from petitioner to his earlier           
          phone call.  Because respondent sent the letter merely 4 days               
          after petitioner’s earlier letter, however, it is plausible that            
          respondent had not received petitioner’s letters before he sent             
          his response.                                                               





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