Seymour and Beatrice Leffert - Page 17




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               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.                                          





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