- 8 - an unreasonable delay in the issuance of a statutory notice of deficiency after the IRS and the taxpayer have completed efforts to resolve the matter would be grounds for abatement of interest. [H. Rept. 99-426, supra at 845, 1986-3 C.B. (Vol. 2) at 845.] The Senate report states: a delay in the issuance of a statutory notice of deficiency after the IRS and the taxpayer have completed efforts to resolve the matter could be grounds for abatement of interest. * * * [S. Rept. 99-313, supra at 209, 1986-3 C.B. (Vol. 3) at 209.] Temporary regulations issued by the Secretary provide a definition for "ministerial act" and provide numerous examples of what is or is not an error or delay in performing a ministerial act. See sec. 301.6404-2T, Temporary Proced. & Admin. Regs., 52 Fed. Reg. 30163 (Aug. 13, 1987). Section 301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., supra, states: The term "ministerial act" means a procedural or mechanical act that does not involve the exercise of judgment or discretion, and that occurs during the processing of a taxpayer's case after all prerequisites to the act, such as conferences and review by supervisors, have taken place. A decision concerning the proper application of federal tax law (or other federal or state law) is not a ministerial act. Petitioner's Arguments Petitioner argues that some or all of the interest4 on his 1980 tax liability should be abated pursuant to section 6404(e). 4 Petitioner, however, conceded in his trial memorandum and at trial that he was responsible for interest accruing before 1986. We, therefore, address only whether petitioner is entitled to an abatement of interest as of Jan. 1, 1986.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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