- 9 - 1987).3 A decision concerning the proper application of Federal tax law is not a ministerial act. See id. Petitioners argue, notwithstanding the settlement they entered into admitting a tax liability due and owing, as well as agreeing to the imposition of a negligence penalty, that the audit was "foisted" upon them by an "inexperienced, naive, and zealous agent who pulled out all the stops" in an attempt to develop a fraud case against them. Petitioners also maintain that, in any case, the audit should have been completed within a couple of weeks despite the fact that Agent Mazon had been required to examine three tax years and had been required to analyze petitioners' numerous bank account records. Petitioners' arguments are without merit. Respondent had difficulty obtaining from petitioner certain bank records, and petitioners, or their representative, canceled or postponed at least two meetings with Agent Mazon. Nonetheless, any delay caused by petitioners in the instant case is secondary to our more fundamental conclusion that respondent's 3 The final regulation under sec. 6404, sec. 301.6404-2, Proced. & Admin. Regs., was issued on Dec. 18, 1998. See T.D. 8789, 63 Fed. Reg. 70012 (Dec. 18, 1998). 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(d)(1), Proced. & Admin. Regs. Thus, the final regulation is inapplicable to the instant case, and sec. 301.6404-2T, Temporary Proced. & Admin. Regs., 52 Fed. Reg. 30163 (Aug. 13, 1987), effective for taxable years beginning after Dec. 31, 1978, but before July 30, 1996, does apply. See sec. 301.6404-2T(c), Temporary Proced. & Admin. Regs., supra.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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