- 11 - Petitioners fail to identify any ministerial act performed by respondent which delayed the resolution of their case. As discussed above, respondent has discretion to abate interest for an error or delay resulting only from a ministerial act performed by his employees. By definition, a ministerial act is one that is procedural or mechanical; it does not involve the exercise of judgment or discretion. Lee v. Commissioner, 113 T.C. 145 (1999). Respondent’s decision of how and when to work on a case, based on an evaluation of his entire caseload and his workload priorities, is not a ministerial act. Strang v. Commissioner, T.C. Memo. 2001-104; Leffert v. Commissioner, T.C. Memo. 2001-23. Petitioners have failed to demonstrate that any delay was due to a ministerial act. In fact, the record demonstrates that respondent performed substantial work on petitioners’ case during this second period. After petitioners’ case was processed by respondent’s appellate division, it was returned to the audit branch. Petitioners requested a transfer of their case to a different Revenue agent. Respondent capitulated and on November 6, 1997, he transferred the case to Agent Clarke. On December 10, 1997, Agent Clarke sent petitioners a letter detailing the return of the case from the Appeals Division and its assignment to him.9 On January 21, 9The letter requested petitioners to contact Agent Clarke to schedule a conference regarding their case, identifying the NOLPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011