- 11 - notice and demand for payment[9] after all procedural and substantive preliminaries have been completed” is a ministerial act. H. Rept. 99-426, at 844 (1985), 1986-3 C.B. (Vol. 2) 1, 844; S. Rept. 99-313, at 208 (1986), 1986-3 C.B. (Vol. 3) 1, 208. Congress further provided that “a ministerial act is a procedural action * * *. For example, a delay in the issuance of a statutory notice of deficiency after the IRS and the taxpayer have completed efforts to resolve the matter could be grounds for abatement of interest.” S. Rept. 99-313, supra at 209, 1986-3 C.B. (Vol. 3) at 209; see also H. Rept. 99-426, supra at 845, 1986-3 C.B. (Vol. 2) at 845. Similar to the issuance of either a notice of deficiency or a notice and demand for payment, the assessment of tax is a procedural action that does not require the use of judgment or discretion. In Fruit of the Loom, Inc. v. Commissioner, T.C. Memo. 1994-492, affd. 72 F.3d 1338 (7th Cir. 1996), we observed that “Assessment is the ministerial act of recording a taxpayer’s Federal tax liability in the office of the District Director.” Additionally, in Phillips v. Commissioner, 106 T.C. 176, 179-180 9Sec. 6303(a) provides in part: Where it is not otherwise provided by this title, the Secretary shall, as soon as practicable, and within 60 days, after the making of an assessment of a tax pursuant to section 6203, give notice to each person liable for the unpaid tax, stating the amount and demanding payment thereof. * * *Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011