Donald B. Hawksley - Page 23




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          naked allegation, that an inventory was not taken.  See Tokarski            
          v. Commissioner, 87 T.C. 74, 77 (1986) (the Court is not required           
          to accept the self-serving and unsupported testimony of a                   
          taxpayer as gospel).  Further, although petitioner might not have           
          received “notice on that”, there is no evidence that such notice            
          was not provided.                                                           
               The true crux of petitioner’s contention is that respondent            
          lost part of his tax records and returned only the balance.                 
               To date, the Court has not had occasion to decide whether              
          the loss of a taxpayer’s records is a ministerial act within the            
          meaning of section 301.6404-2T(b)(1), Temporary Proced. & Admin.            
          Regs., 52 Fed. Reg. 30163 (Aug. 13, 1987).17  However, we need              
          not decide this legal issue for two reasons:  First, because the            
          factual predicate for petitioner’s contention has not been                  
          established; and second, because a significant aspect of any                
          error or delay by respondent is attributable to petitioner.                 
               First, petitioner claims that respondent lost part of his              
          tax records.  However, petitioner was unable to describe exactly            



               17  We note that the final regulations under section 6404              
          define a managerial act as “an administrative act that occurs               
          during the processing of a taxpayer’s case involving the                    
          temporary or permanent loss of records or the exercise of                   
          judgment or discretion relating to management of personnel.”  See           
          sec. 301.6404-2(b)(1), Proced. & Admin. Regs.; see also H. Rept.            
          104-506, at 27 (1996), 1996-3 C.B. 49, 75.  We note further that            
          sec. 301.6404-2(b)(1), Proced. & Admin. Regs., is generally                 
          applicable only to interest accruing with respect to deficiencies           
          for taxable years beginning after July 30, 1996.                            





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