- 10 - acts were not ministerial. Petitioners are particularly upset by the initiation of the criminal fraud investigation because the CID ultimately rejected the instant case as a criminal fraud case.4 Petitioners also believe that Agent Mazon relied too heavily on the unsubstantiated allegations of fraud by an IRS informant. At the time, however, Agent Mazon found inconsistencies that she believed were badges of fraud, causing her to suspect petitioner of criminal wrongdoing. Moreover, the decision to initiate the fraud investigation was not hers alone. After she consulted with her supervisors, the agreed course was to send the case to the CID, which was within Agent Mazon's province to do and was certainly not a ministerial act. The time spent investigating whether to impose civil or criminal fraud penalties, regardless of petitioners' guilt or innocence, is not a ground under section 6404(e) that would allow respondent to abate interest. Moreover, this Court has held, in Taylor v. Commissioner, 113 T.C. 206, 211-213 (1999), that the Service's decision not to proceed with a civil tax examination while a criminal tax investigation is pending is not a ministerial act that would warrant the abatement of interest. In short, the decision to examine petitioners' 1986, 1987, and 1988 taxable years, to conduct a bank deposits analysis on 4 Referral of the case to CID extended the audit by 3 months.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011