- 8 - were not ministerial acts within the meaning of section 6404(e). See Taylor v. Commissioner, 113 T.C. 206 (1999); Lee v. Commissioner, supra. Furthermore, section 6404(e) applies “only if no significant aspect of such error or delay can be attributed to the taxpayer involved.” As we view the matter, petitioner’s conduct, more so than respondent’s, resulted in the length of time that the deficiency cases were pending before this Court. Petitioner could have settled the deficiency cases within 1 year after the second case was filed. Instead, he waited approximately 7 years to do so. Mr. Taylor (petitioner’s attorney in the deficiency cases) testified that at the time he did not understand respondent’s settlement offer and the delay in accepting it was due to respondent’s failure, or refusal, to explain it to him. Mr. Taylor’s explanation for the delay is less than compelling considering his testimony long after the fact that, in his opinion, petitioner should not have accepted respondent’s offer because of the weaknesses in respondent’s positions in the deficiency cases. Nevertheless, even if respondent had some obligation to explain the settlement proposal to petitioner’s attorney in the deficiency cases, an obligation assumed by petitioner but unsupported by any authority, and even if respondent failed to do so, respondent’s failure does not constitute a ministerial act.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011