- 47 - 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 havePage: Previous 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 Next
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