Gerald R. Weiss - Page 7




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          Gate in response to petitioner’s 1991 letter.4  This allegation,            
          however, does not present a cognizable claim under section                  
          6404(e)(1) because any “error or delay in performing a                      
          ministerial act shall be taken into account only if it occurs               
          after the Service has contacted the taxpayer in writing with                
          respect to the deficiency or payment.”  (Emphasis added.)  Sec.             
          301.6404-2T(a)(2), Temporary Proced. & Admin. Regs., 52 Fed. Reg.           
          30163 (Aug. 13, 1987).  The Internal Revenue Service wrote to               
          petitioner in 1991 to request a copy of his 1984 tax returns and            
          in 1996 to request a copy of his 1982 tax returns.  No written              
          contact concerning 1982 was made by the Internal Revenue Service            
          until 1996, and the second contact was made February 1997, when a           
          notice of deficiency was sent for 1982.  Irrespective of whether            
          the 1996 request or the 1997 notice of deficiency should be                 
          considered the first “writing with respect to the deficiency or             
          payment”, petitioner did not request abatement from either of               
          those dates, nor did he demonstrate that some error or delay had            
          occurred after either of those dates.  In fact, petitioner did              
          receive the 1997 notice of deficiency approximately 10 months               


               4  The amount and claim in petitioner’s request for                    
          abatement was based on the date his 1991 letter was sent to the             
          Internal Revenue Service, even though that letter referenced a              
          year for which the Internal Revenue Service determined no                   
          adjustment was needed.  Though he mentions that he sent a second            
          letter requesting notice in 1996, he made no alternate request              
          for abatement from the date of the 1996 letter.                             





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