- 21 - extent that any error or delay in payment is attributable to an officer or employee of the IRS being erroneous or dilatory in performing a ministerial act.” See Lee v. Commissioner, 113 T.C. 145, 148 (1999). A ministerial act, however, does not include “a decision concerning the proper application of federal tax law (or other federal or state law)”. Sec. 301.6404-2(b)(2), Proced. & Admin. Regs. Petitioner has not alleged a ministerial error within the meaning of section 6404(e). Furthermore, the evidence does not establish that respondent committed a ministerial error requiring an abatement of interest. Conclusion For the reasons explained above, petitioner’s challenge to his liability for the tax deficiency and additions to tax fails to state a cognizable claim for relief. We hold that none of the other grounds upon which petitioner relies, as stated in his submissions to the Appeals officer, his petition to this Court, and his arguments in response to respondent’s motion, constitutes a basis upon which we can find that the Appeals officer’s determination was an abuse of discretion. Because respondent’s motion for partial summary judgment covers all the remaining issues in the instant case, we treat it as a motion for full summary judgment, which we now grant. To the extent not herein discussed, we have considered petitioner’s other arguments and find them to be without merit.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011