- 21 - offers were all determined by respondent to be unprocessable before that date. Accordingly, it would not have even been possible for respondent’s agents to apply the local standards to those six offers. Third, even if respondent’s agents could have divined the future publication of the local standards, respondent’s agents would not have had the opportunity to apply them to petitioners’ first six offers because those offers were determined to be unprocessable. In other words, those offers were never assigned to a revenue officer for investigation and evaluation on their merits. Fourth, and most importantly, application of the local standards was but one step in the process of investigating and evaluating petitioners’ offer in compromise, a process that repeatedly called for the exercise of judgment and discretion on the part of the revenue officer. In contrast, a ministerial act does not involve the exercise of judgment or discretion. Sec. 301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., supra. We reject petitioners' attempt to dissect a unitary process into a series of unrelated and independent steps. Petitioners also contend that respondent erred by not informing them of the local standards for housing and utilitiesPage: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
Last modified: May 25, 2011