John G. Goettee, Jr. and Marian Goettee - Page 39




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          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             



               13(...continued)                                                       
               unagreed issues, the notice has been prepared and reviewed             
               (including review by District Counsel, if necessary) and any           
               other relevant prerequisites have been completed, the                  
               issuance of the notice of deficiency is a ministerial act.             
               The Commissioner may (in his or her discretion) abate                  
               interest attributable to a delay in issuing the notice.                
                    Example (3). A taxpayer invested in a tax shelter and             
               reported a loss from the tax shelter on the taxpayer’s                 
               income tax return.  Internal Revenue Service personnel                 
               conducted an extensive examination of the tax shelter, and             
               the processing of the taxpayer’s case was delayed during               
               such examination.  Because the period of limitations on                
               assessment was about to expire, the taxpayer executed a                
               consent to extend the period of limitations.  The time                 
               required to process the taxpayer’s case was not a result of            
               a delay in performing a ministerial act; consequently,                 
               interest attributable to this period cannot be abated under            
               paragraph (a) of this section.                                         
                    Example (4). A revenue agent is sent to a training                
               course, and the agent’s supervisor decides not to reassign             
               the agent’s cases.  During the training course, no work is             
               done on the cases assigned to the agent.  Neither the                  
               decision to send the agent to the training course nor the              
               decision not to reassign the agent’s cases is, under the               
               circumstances, a ministerial act.  Thus, interest                      
               attributable to the delay cannot be abated.                            
                    Example (5). A taxpayer who claimed a loss from a tax             
               shelter on the taxpayer’s income tax return is notified that           
               the Internal Revenue Service intends to examine the return.            
               However, because of other work priorities and resource                 
               limitations, a decision is made not to commence the                    
               examination for an extended period thereafter.  The decision           
               not to commence the examination involves the exercise of               
               judgment and discretion and is not a ministerial act;                  
               consequently, interest attributable to the period of delay             
               cannot be abated.                                                      





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