- 11 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011