- 6 - writing with respect to such deficiency or payment. See sec. 6404(e)(1). 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. See sec. 301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 30163 (Aug. 13, 1987).4 For purposes of section 6404(e), an error or delay is taken into account only after the IRS has contacted the taxpayer in writing with respect to such deficiency or payment. See sec. 6404(e)(1). In this case, respondent did not contact petitioner in writing until May 10, 1995. No error or delay occurred after this date. In fact, petitioners received the notice of deficiency approximately 5 months after respondent contacted them regarding the unreported income. Therefore, petitioner's arguments that his employer failed to provide him with a proper Form W-2 and that respondent provided him with misinformation are unavailing. These circumstances occurred before May 10, 1995. 4 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. 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(b)(2), Proced. & Admin. Regs.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011