- 24 - Determining the precise date on which to issue an FPAA requires the exercise of judgment and discretion on the Commissioner’s part. The Commissioner’s determination of when to issue an FPAA depends on various factors, including but not limited to: (1) The nature and persuasiveness of the evidence gathered during the examination; (2) the level of cooperation received from the taxpayer; (3) the legitimacy of the information received during the examination; (4) the likelihood of obtaining additional evidence from other sources; (5) the impact of recently decided litigation dealing with similar issues; (6) the impact of a criminal tax investigation involving the taxpayer; (7) the recommendations set forth in the examiner’s Report Transmittal; and (8) an overall evaluation of the evidence to determine whether the record supports the adjustments. Accordingly, respondent’s determination of when to issue the FPAAs was not a ministerial act. See sec. 301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 30163 (Aug. 13, 1987). Respondent’s decision of how and when to work on these cases, based on an evaluation of his entire caseload and his workload priorities, was not a ministerial act. See Jean v. Commissioner, T.C. Memo. 2002-256. Contrary to petitioner’s claim that respondent had all the records sufficient to issue the FPAAs in 1987, the facts reveal that respondent’s difficulty in obtaining accurate records duringPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011