- 12 - disagree. First, we believe that the loss of a taxpayer’s return is a ministerial act under the applicable version of section 6404(e)(1). See supra note 2. The loss of a taxpayer’s records or returns does not require the exercise of judgment or discretion. Sec. 301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., supra. Second, as respondent acknowledges, Example (6) applies only to interest accruing with respect to deficiencies for tax years beginning after July 30, 1996. We conclude that respondent’s loss of petitioners’ 1981-82 amended returns was a ministerial act for purposes of section 6404(e). D. Whether Petitioners’ Delay in Paying Their Tax for 1980 Is Attributable to Respondent’s Loss of Petitioners’ 1981-82 Amended Returns Respondent contends that petitioners’ delay in paying their 1980 tax from May 1987 to March 1998 is not attributable to respondent’s loss of petitioners’ 1981-82 amended returns. We disagree. The term “attributable to” means due to, caused by, or generated by. Lawinger v. Commissioner, 103 T.C. 428, 435 (1994). The record shows that petitioners’ delay in paying the 1980 tax is attributable to respondent’s loss of their 1981-82 amended returns. The NOLs claimed on petitioners’ 1981-82 amended returns plus their $76,000 payment for 1982 eliminated their liabilities for 1981 and 1982. If those returns had been timely processed in 1987, $33,000 in overpayments from 1985-87Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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