- 8 - 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 theirPage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011