John G. Goettee, Jr. and Marian Goettee - Page 47




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          approval.  On January 13, 1995, Becker (1) signed and approved              
          the appeals transmittal and case memorandum, (2) prepared a                 
          letter informing petitioners that the settlement offer had been             
          approved, and (3) delivered the documents to the records office             
          of the Cincinnati office which had 5 days to transfer the                   
          documents to Winkler for his review and signature.  Taking into             
          account transmission time, including weekends, it is reasonable             
          to conclude that Winkler would have received the documents by               
          about January 25, 1995.                                                     
               The foregoing activities do not constitute ministerial acts            
          because they are acts prerequisite to the processing of the                 
          settlement agreement between petitioners and respondent.  Section           
          301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., supra,                 
          provides that “The term ‘ministerial act’ means a procedural or             
          mechanical act * * * that occurs during the processing of a                 
          taxpayer’s case after all prerequisites to the act, such as                 
          conferences and review by supervisors have taken place.”                    
          Rowland’s preparation of the appeals transmittal and case                   
          memorandum and Becker’s review thereof thus are not ministerial             
          acts.  Id.                                                                  
               We conclude that, for the period from December 14, 1994,               
          through about January 25, 1995, there was no error or delay by an           
          IRS employee in performing a ministerial act, within the meaning            
          of section 6404(e)(1)(A), and thus respondent did not have                  






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