- 20 - 301.6404-2T(b)(1) and (2), Example (4), Temporary Proced. & Admin. Regs., supra. 3. Job-Related Training Petitioners point out that Watson attended job-related training from April 30 to May 11, 2001, and contend that this delay is due to a ministerial act. We disagree. The decision to send Watson to job-related training and to not reassign the case is not a ministerial act under section 6404(e)(1). Durham v. Commissioner, T.C. Memo. 2004-125; Goettee v. Commissioner, T.C. Memo. 2003-43; Jean v. Commissioner, T.C. Memo. 2002-256; Camerato v. Commissioner, T.C. Memo. 2002-28; Jacobs v. Commissioner, T.C. Memo. 2000-123; sec. 301.6404-2T(b)(2), Example (4), Temporary Proced. & Admin. Regs., supra. C. June 26 to November 7, 2001 Respondent lost petitioners’ file from June 26 to November 7, 2001. The Commissioner’s loss of a taxpayer’s file is a ministerial act. Palihnich v. Commissioner, supra. Respondent concedes that interest that accrued during this period should be abated. Petitioners contend that respondent lost petitioners’ files many other times. However, petitioners have not identified those times, and the record does not support that conclusion.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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