- 22 - Wilkes wrote petitioners and said she had transferred petitioners’ offer in compromise to the Jacksonville office for processing. We infer that the CDP release code was entered on July 23, 2002, because respondent was able to work on petitioners’ case on that date. Everything in the record relating to entering the CDP release code in petitioners’ file suggests that the delay in doing so was a ministerial act, sec. 301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., supra, and that the delay was an error, see Palihnich v. Commissioner, T.C. Memo. 2003-297 (failure to pay tax attributed to the Commissioner’s loss of file); Jacobs v. Commissioner, T.C. Memo. 2000-123 (lack of evidence held against the Commissioner because the Commissioner is in the best position to know what actions were taken by IRS officers and employees during the period for which the taxpayers’ abatement request was made); Douponce v. Commissioner, supra (failure to pay tax attributed to the Commissioner’s failure to provide correct payoff amount). However, petitioners are not entitled to relief under section 6404(e) from January 24 to July 2, 2002, because they did not file their tax returns for 2000 and 2001, as required by respondent before considering their offer in compromise, until July 2, 2002. Thus, a significant aspect of respondent’s delay was due to petitioners.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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