- 8 - Furthermore, even if the amended section 6404(e) were applicable, we seriously doubt whether under these circumstances there was an “unreasonable error” in not sending the file to New Orleans. The initial CP-2000 letter was issued from the Internal Revenue Service Center in Chamblee, Georgia, and we would not find that, by not sending petitioner’s file to New Orleans, respondent unreasonably erred in performing a ministerial or managerial act. Petitioner has failed to demonstrate how or why that inaction would be unreasonable. Finally, it should be noted that we are by no means convinced that any delay, to which the accrued interest would be attributable, was due to respondent’s action. Petitioner knew his wife had assets inherited from her parents, but, when preparing the tax return, he never bothered to determine what income she had received from those assets. After the initial CP- 2000 letter from respondent, petitioner knew precisely what Legg Mason had reported to respondent. Petitioner testified initially that he knew he owed the tax in September 1998, and later he changed his testimony. His second version was that he did not know until the file was sent to New Orleans in April or May of 2000. But he had contacted Legg Mason in August 1998. His later explanation that he did not know what information respondent had before the file was sent to New Orleans has a decidedly hollow ring. Realistically, the accrued interest was due toPage: Previous 1 2 3 4 5 6 7 8 9 Next
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