- 40 - supervisors, have taken place. Sec. 301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 30163 (Aug. 13, 1987).14 The regulation further provides that a decision concerning the proper application of Federal tax law is not a ministerial act. Id. The definition of “ministerial act” in the governing regulation closely tracks the legislative history relating to section 6404(e). See Lee v. Commissioner, 113 T.C. at 149-150 (setting forth portions of the legislative history of section 6404(e) relating to the definition of “ministerial act”); see 14 Sec. 6232(a) of the Technical and Miscellaneous Revenue Act of 1988 (TAMRA 1988), Pub. L. 100-647, 102 Stat. 3342, 3734-3735, added subsec. (e) to sec. 7805. Sec. 7805(e)(2) provides that “Any temporary regulation shall expire within 3 years after the date of issuance of such regulation.” Sec. 7805(e)(2) applies to any temporary regulation issued after Nov. 20, 1988. TAMRA 1988 sec. 6232(b), 102 Stat. at 3735. The regulation herein involved was issued before Nov. 20, 1988, and thus the “sunset” provision of sec. 7805(e)(2) does not apply to this regulation. The final regulations under sec. 6404 were issued on Dec. 18, 1998. The final regulations generally apply to interest accruing on deficiencies or payments of tax described in sec. 6212(a) for tax years beginning after July 30, 1996. See sec. 301.6404-2(d)(1), Proced. & Admin. Regs. Accordingly, the final regulations are inapplicable to the instant case, and sec. 301.6404-2T, Temporary Proced. & Admin. Regs., supra, effective for taxable years beginning after Dec. 31, 1978, but before July 30, 1996, does apply. See sec. 301.6404-2T(c), Temporary Proced. & Admin. Regs., supra. We agree with petitioners that the temporary regulation applies to the instant case; we disagree with respondent’s statements on brief that the final regulations are “the applicable regulations”.Page: Previous 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 Next
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