- 48 - authority to abate interest in petitioners’ case. Similarly, there was no error or delay for the period April 25 (when Winkler signed the settlement document), through May 2, 1995, when the decision was entered by the Tax Court. The remaining 3 months of the second period are more complicated. Respondent’s two proffered explanations are not helpful. The first explanation, dealing with taking cases out of alphabetical order, related to the first period (ending October 26, 1994) and not to the second period. The second explanation, dealing with uncertainty as to petitioners’ intent to settle, evidently was resolved by Becker, not later than January 13, 1995, when he notified petitioners in writing that the proposed settlement “has been approved.” We consider first whether Winkler’s actions with respect to the settlement of petitioners’ case constituted ministerial acts. We have found that in 1993 arrangements were made to have the Cincinnati office take on part of the work of settling Barrister cases. About July 1993, Barrister cases were assigned to Rowland and her Cincinnati office colleagues. For about the first 6 months that the Cincinnati office processed Barrister cases, proposed decision documents were sent to Winkler and Craig for approval before the documents were sent to the taxpayers. Thereafter, the Cincinnati office was deemed to be sufficiently proficient at drafting these documents, so that that office sentPage: Previous 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Next
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