- 44 - respondent’s priority structure, coupled with the heavy demands placed on Rowland’s time, contributed to respondent’s inaction in petitioners’ case during the bulk of the first period. Section 301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., supra, provides that “The term ‘ministerial act’ means a procedural or mechanical act that does not involve the exercise of judgment or discretion”. (Emphasis added.) Examples (4) and (5) in section 301.6404-2T(b)(2), Temporary Proced. & Admin. Regs., supra, make it plain that, ordinarily, the making of decisions about how to prioritize cases constitutes the exercise of judgment or discretion. We conclude that Rowland’s delay in beginning to process petitioners’ response to the settlement offer is properly attributable to respondent’s reasonable prioritization decisions, and thus is not attributable to error or delay in performing a ministerial act. Once Rowland began to process petitioners’ response, her actions included the accomplishment of prerequisites (matching petitioners’ verification materials to the amounts claimed on their tax returns, determining that petitioners were not involved in a shelter other than TEA for the relevant years) and the ministerial act of computing the amounts of the deficiencies and additions to tax. It does not appear that there was any delay in preparing the settlement documents and mailing them toPage: Previous 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 Next
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