Larry D. & Gail Scott - Page 11




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          See sec. 6404(e)(1).  A ministerial act means a procedural or               
          mechanical act that does not involve the exercise of judgment or            
          discretion.  See Lee v. Commissioner, 113 T.C. 145 (1999); sec.             
          301.6404-2T, Temporary Proced. & Admin. Regs., 52 Fed. Reg. 30163           
          (Aug. 13, 1987).  Subject to various procedural and other                   
          requirements set forth in the statute and not here in dispute,              
          the Court has jurisdiction over any action brought by a taxpayer            
          to determine whether the Commissioner’s failure to abate interest           
          was an abuse of discretion.  See sec. 6404(i); Lee v.                       
          Commissioner, supra.                                                        
               In their petition, petitioners contend that they are                   
          entitled to an abatement of interest because of “Excessive delays           
          by the Internal Revenue Service on assessment of [their] tax                
          liability.”  Petitioners do not identify any specific acts on               
          respondent’s part that would constitute “ministerial acts”                  
          entitling them to abatement of interest, nor is it clear from the           
          petition or petitioners’ presentation at trial over what specific           
          period of time the “excessive delays” occurred.                             
               In their brief, petitioners appear to focus on the                     
          examination and appeals phases of the deficiency proceeding,                
          which covers the 3-year span between December 6, 1991 and                   


               3(...continued)                                                        
          beginning after July 30, 1996; therefore, the amendment is                  
          inapplicable here.  See Woodral v. Commissioner, 112 T.C. 19, 25            
          n.8 (1999).                                                                 





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