- 10 - refusal to abate $210.98 in interest for 1981 was not an abuse of discretion because that interest did not accrue during the time respondent lost petitioners’ 1981-82 amended returns. C. Whether Respondent’s Loss of Petitioners’ 1981-82 Amended Returns Was a Ministerial Act Respondent contends that respondent’s loss of petitioners’ 1981-82 amended returns was not a ministerial act. We disagree. Respondent’s loss of petitioners’ 1981-82 amended returns fits easily within the definition of a ministerial act contained in Treasury regulations. Those regulations state that a ministerial act is a procedural or mechanical act that occurs during the processing of a taxpayer’s case that does not involve the exercise of judgment or discretion by the Commissioner. Sec. 301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 30163 (Aug. 13, 1987). The Commissioner’s loss of a taxpayer’s return is a procedural or mechanical act that does not involve the exercise of discretion or judgment by the Commissioner. The Commissioner’s loss of a taxpayer’s returns is similar to an unexplained delay in transferring a file or issuing a notice of deficiency. See, e.g., sec. 301.6404-2T(b), Examples (1) and (2), Temporary Proced. & Admin. Regs., supra. In contrast, the loss of a taxpayer’s return is unlike a decision about prioritizing cases or decisions (based on workload and limited resources) whether or when to begin an audit or whether to send a revenue agent to training without reassigningPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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