- 23 - 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.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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