Scott William Katz - Page 21




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          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.             




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