- 20 - respondent’s decision to examine, or not or examine, a taxpayer’s income tax return for a particular taxable year involves the exercise of judgment and discretion. Respondent’s decision in that regard is not, therefore, a ministerial act, see sec. 301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., supra, and cannot provide a basis for abating interest under section 6404(e). Section 301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., supra, may very well provide a sufficient foundation on which to enter decision for respondent. Nevertheless, we will review the relevant facts and circumstances for each of the years in issue in order to decide whether there was an error or delay by respondent in performing a ministerial act after the operative date (as identified supra p. 19) that might justify an abatement of interest. A. The Taxable Year 1993 In or about July 1996, petitioner was notified in writing of the examination of her 1993 income tax return through the receipt of an examination report (the so-called 30-day letter) dated July 19, 1996. Petitioner responded to the examination report timely by mailing a letter, together with a $1,500 check, which the Atlanta Service Center received on August 22, 1996. However, because petitioner’s letter was apparently not forwarded to the examining agent, respondent sent petitioner a notice of deficiency, which prompted petitioner to file a petition withPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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