- 17 - As indicated in his March 13, 1990, letter to Mr. Leffert, Appeals Officer Koniarski reviewed the administrative file on the Blue Gem case and considered applicable law before rejecting the settlement proposal that Mr. Leffert had submitted to him at their conference on March 12, 1990.10 Mr. Koniarski’s action in interpreting and applying applicable legal principles to the facts of the Blue Gem case is not a ministerial act. See sec. 301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 30163 (Aug. 13, 1987). In addition, it appears that Mr. Koniarski, after considering his caseload and the requirements imposed by the TEFRA unified audit and litigation provisions to afford the Blue Gem TMP and other notice partners an opportunity to participate in the administrative appeals process, acted expeditiously in scheduling and holding the March 12, 1990, conference with Mr. Leffert. Moreover, we can identify no error or delay on the part of Mr. Koniarski or any other officer or employee of the IRS in performing a ministerial act that would provide a basis for abating interest accruing during this time period. 10The parties have stipulated that, on Mar. 13, 1990, Appeals Officer Koniarski sent the Mar. 13, 1990, letter to Mr. Leffert at Mr. Leffert’s then accounting office address. The record does not disclose, however, whether the letter was actually delivered to Mr. Leffert’s office or why Mr. Leffert has no record of receiving the letter.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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