- 11 - Memo. 2002-266. Petitioners have not identified any specific delays attributable to respondent other than the two meeting cancellations. On both occasions when Mr. Gernetzke decided to cancel the meetings with Ms. Ray, he exercised judgment and discretion and, therefore, did not perform ministerial acts. We find no evidence supporting petitioners’ contention that respondent’s failure to abate interest on this basis was an abuse of discretion. C. Accuracy of the Amount of Petitioners’ Income Tax Liabilities According to petitioners’ third argument, respondent inaccurately classified and evaluated information provided by petitioners during the audit and failed to state the correct amount of petitioners’ income tax liabilities “from the very beginning”. Petitioners assert that these errors entitled them to an abatement of interest, and, thus, respondent’s failure to abate was an abuse of discretion. We disagree for the reasons set forth below. Contrary to petitioners’ assertions, respondent’s classification and evaluation of information during an audit requires judgment or discretion and is not a ministerial act. See sec. 301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 30163 (Aug. 13, 1987). The remaining allegation made by petitioners focuses on respondent’s computation of petitioners’ income tax liabilities in the notice of deficiency.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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