Robert Banat - Page 8




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          some error or delay of an employee in performing a ministerial              
          act but also that such error or delay occurred after the taxpayer           
          was first contacted in writing about the deficiency and before              
          the interest was assessed.  Petitioner has not made that                    
          preliminary showing for any of the years here in question.5                 
               Petitioner’s brief contains a statement of facts that                  
          reiterates the stipulation.  Petitioner has failed to establish             
          concrete incidences of error or delay in performing ministerial             
          acts that gave rise to any assessment of interest.  Petitioner              
          argues that the length of time from the start of respondent’s               
          examination of 1985 until the conclusion of respondent’s                    
          examination of 1985, 1986, and 1987 automatically establishes               
          that there was an erroneous or dilatory ministerial act or acts.            
          We disagree.  See Lee v. Commissioner, 113 T.C. 145, 150 (1999)             
          ("The mere passage of time in the litigation phase of a tax                 
          dispute does not establish error or delay by the Commissioner in            
          performing a ministerial act.").  The length of time required by            
          petitioner's case was largely a function of the expansion of                


               5  For each of the taxable years in question, the relevant             
          periods during which petitioner must show error or delay in                 
          performing a ministerial act (i.e., the period from first written           
          contact to assessment of the interest) are as follows:                      
                    Taxable Year        Period                                        
                    1985                7/22/86 to 3/19/92                            
                    1986                11/01/88 to 3/19/92                           
                    1987                6/13/88 to 4/05/93                            





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