- 7 - delay in payment of her 1990 Federal income tax liability is attributable to anything other than her own conduct. She certainly has not demonstrated that the delay is attributable to an official or employee of respondent being erroneous or dilatory in performing a ministerial act. To the extent that petitioner suggests that the relevant “delay” is measured by the time it took for respondent to resolve the dispute involving her employment status, we note that the determination of employee status involves the exercise of judgment and the proper application of Federal tax and common law. Sec. 3121(d); Ewens and Miller, Inc. v. Commissioner, 117 T.C. 263 (2001). As such, it is not a ministerial act and cannot provide the requisite basis for abating interest under section 6404(e). Sec. 301.6404- 2T(b)(1), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 30163 (Aug. 13, 1987). As we view the matter, the interest that accrued on petitioner’s 1990 Federal income tax as a result of any delay in the payment of that tax is, simply put, attributable to her failure, for financial or other undisclosed reasons, to pay such tax when due. Consequently, petitioner is not entitled to an abatement of interest under section 6404 with respect to her 1990 Federal income tax. It follows that respondent’s failure to abate such interest is not an abuse of discretion.Page: Previous 1 2 3 4 5 6 7 8 Next
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