- 21 - State law, is not a ministerial act. See sec. 301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 30163 (Aug. 13, 1987). The mere passage of time does not establish error or delay in performing a ministerial act. See Cosgriff v. Commissioner, T.C. Memo. 2000-241, (citing Lee v. Commissioner, supra at 150). For purposes of section 6404(e), an error or delay cannot be considered for the period before April 24, 1989, because that is the date on which respondent first contacted petitioner in writing regarding the deficiency for 1986. See sec. 6404(e)(1); Krugman v. Commissioner, supra; Nerad v. Commissioner, supra. We turn now to petitioner’s three contentions regarding why interest should be abated. A. Petitioner’s First Contention First, petitioner contends that respondent erroneously determined petitioner’s income tax liabilities for 1985 and 1986. However, regardless of whether respondent correctly or incorrectly determined petitioner’s income tax liabilities for those years, it is clear that a decision concerning the proper application of Federal tax law, or other Federal or State law, is not a ministerial act. See sec. 301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., supra; Cosgriff v. Commissioner, supra. Petitioner’s first contention is therefore without merit.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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