- 9 - The regulations, in relevant part, provide that the term "ministerial act" means a procedural or mechanical act that does not involve the exercise of judgment or discretion. See sec. 301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 30163 (Aug. 13, 1987).8 The regulations issued by the Secretary provide several examples of what does and does not constitute a ministerial act. Although petitioner requested an abatement of all interest associated with his 1988 tax year, the acts petitioner contends delayed the payment of his 1988 tax liability did not occur until March of 1991 or later. Thus, petitioner’s failure to pay his 1988 tax liability prior to March of 1991 was solely attributable to petitioner. Therefore, the interest that accrued on petitioner’s 1988 tax liability before March of 1991 is not abatable. The Commissioner, therefore, did not abuse his discretion in refusing to abate the interest for this time period. Although the 1990 carryback was not applied to the 1988 tax year until March 11, 1996, petitioner concedes that no interest 8 The final Treasury regulation under sec. 6404 was issued on Dec. 18, 1998. The final regulation contains the same definition of ministerial act as the temporary regulation. See sec. 301.6404-2(b)(2), Proced. & Admin. Regs. 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
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