Robert Wish and Erin Wish Riehs - Page 8




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          the assessment of interest on:  (1) Any deficiency attributable             
          to any error or delay by an officer or employee of the Internal             
          Revenue Service (IRS) in performing a ministerial act or (2) any            
          payment of any tax described in section 6212(a) to the extent               
          that any error or delay in such payment is attributable to such             
          officer or employee being erroneous or dilatory in performing a             
          ministerial act.6  An error or delay is taken into account only             
          (1) if no significant aspect of such error or delay can be                  
          attributed to the taxpayer and (2) after the IRS has contacted              
          the taxpayer in writing with respect to such deficiency or                  
          payment.  See sec. 6404(e)(1).                                              
               The Treasury has interpreted a ministerial act as “a                   
          procedural or mechanical act that does not involve the exercise             
          of judgment or discretion, and that occurs during the processing            
          of a taxpayer’s case after all prerequisites to the act, such as            
          conferences and review by supervisors, have taken place.”7  See             
          sec. 301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., 52 Fed.           

               6  In 1996, sec. 6404(e) was amended under sec. 301 of the             
          Taxpayer Bill of Rights 2, Pub. L. 104-168, 110 Stat. 1452, 1457            
          (1996), to permit the Commissioner to abate interest with respect           
          to an “unreasonable” error or delay resulting from “managerial”             
          and ministerial acts.  This amendment, however, applies to                  
          interest accruing with respect to deficiencies or payments for              
          tax years beginning after July 30, 1996; therefore, the amendment           
          is inapplicable to the case at bar.  See Woodral v. Commissioner,           
          112 T.C. 19, 25 n.8 (1999).                                                 
               7  The Senate Finance Committee stated that the “IRS may               
          define a ministerial act in regulations.”  S. Rept. 99-313, at              
          209 (1986), 1986-3 C.B. (Vol. 3) 1, 209.                                    





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