- 11 - pay the tax liabilities in August 1996, no erroneous or dilatory performance of a ministerial act by an employee of the IRS contributed to a delay or error in payment during the period between the first call and the date of the second call. Therefore, respondent did not abuse his discretion in refusing to abate interest on petitioners’ income tax liabilities for the period from August 1996 to December 22, 1996. December 22, 1996 to August 11, 1999 We have found as a fact that during the second call the ACS employee informed petitioner that the additional amounts would be adjusted at the end of the 36 month installment term, and that all the balances would come off at the end. The ACS employee did not clarify to petitioner that unassessed interest would continue to accrue during the installment period, but instead confirmed petitioner’s flawed understanding of the agreement. The act by the ACS employee of misinforming petitioners about what their total liability would ultimately be was ministerial. Douponce v. Commissioner, T.C. Memo. 1999-398; see also Smith v. Commissioner, T.C. Memo. 2002-1; Kincaid v. Commissioner, T.C. Memo. 1999-419; sec. 301.6404-2(c), Example (11), Proced. & Admin. Regs. All prerequisites to the act of establishing an installment agreement had been performed during the first call and during the initial processing of petitioners’ case by the IRS. The clarification of petitioners’ installment agreement didPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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