- 15 - in order to determine whether any ministerial errors by respondent contributed to the subsequent delays in petitioners’ case. C. October 1993 Through March 1996 After the terms of the settlement were resolved, respondent had to identify each of the 37 Redwood partners, determine each partner’s cash account, and divide each cash account in half to arrive at the allowable deduction for each partner. All of this information was available to Ms. Sullivan on the records provided by the Swanton Corp. The determination of the allowable amounts did not involve any tax computation; it simply involved taking one-half of each partner’s cash account. The closing agreement language had previously been agreed upon, and, therefore, the preparation of each closing agreement was a matter of inserting the amount allowable as a deduction. We therefore conclude that Ms. Sullivan’s remaining tasks were ministerial acts. See, e.g., sec. 301.6404-2T(b)(2), Example (2), Temporary Proced. & Admin. Regs., supra. Given the number of investors involved in the settlement, there were many closing agreements that needed to be prepared, but the South Bay closing agreement was not sent to Redwood until February or March 1996, a period of 2-1/2 years after the terms of settlement were agreed on. This Court recently held that it was not a ministerial error for respondent to send out closing agreements to a similar SwantonPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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