Harold and Barbara Kupersmit - Page 8




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          IRS’s decision on how to organize the processing of tax returns             
          or its delay in implementing an improved computer system, is not            
          a managerial act for which interest can be abated.  Id.                     
               Petitioners have stipulated that their claim for abatement             
          of interest is not based on the allegation that the assessment of           
          interest is on any deficiency attributable to any unreasonable              
          error or delay by an officer or employee of the IRS in performing           
          a ministerial or managerial act.  We thus consider whether any              
          error or delay by petitioners in paying their tax is attributable           
          to an employee of the IRS being erroneous or dilatory in                    
          performing a ministerial or managerial act.                                 
               Petitioners have failed to establish any incidence of error            
          or delay, unreasonable or otherwise, by an officer or an employee           
          of the IRS in performing either ministerial or managerial acts              
          that gave rise to assessments of interest on either deficiencies            
          or payments for their 1996 and 1997 taxable years.  When                    
          petitioners met with Mr. Bibb, the IRS Appeals officer assigned             
          to petitioners’ 1994 and 1995 tax years, on October 7, 1997, Mr.            
          Bibb reviewed petitioners’ receipts of gambling winnings and                
          losses and verified petitioners’ gambling losses.  He also                  
          informed petitioners that the Social Security income they had               
          received on account of Mr. Kupersmit’s disability was taxable.              
          Petitioners recall that they then informed Mr. Bibb that they had           
          treated their gambling winnings and disability income on their              






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