- 12 - respond to an earlier phone inquiry by respondent.14 These errors, petitioner claims, account for the undue delay in respondent’s denial of his offers in compromise. Consequently, petitioner contends that respondent should have abated all interest related to the Brauns’ tax liabilities for 1994 and 1997. We address each of petitioner’s contentions in turn. 1. Whether Petitioner Established an Error or Delay by Respondent in Performing a Ministerial or Managerial Act For petitioner to prevail, he must first identify an error or delay by respondent in the performance of a ministerial act for 1994 or a ministerial or managerial act for 1997. Examples of ministerial errors or delays include an unreasonable delay in the transferral of a case among IRS district offices or a delay in the issuance of a deficiency notice after all discretionary decisions in the case have occurred. See sec. 301.6404-2(c), Examples (1) and (2), Proced. & Admin. Regs. Petitioner has alleged no delays attributable to the transferral of his case among IRS offices or a delay in issuing the Brauns a notice of 14Petitioner cites, as an example of respondent misleading him, a call from respondent on Mar. 21, 2000, requesting pay stubs and Form 433-A from petitioner. In response, petitioner sent respondent two letters on Apr. 1 and Apr. 4, 2000. In a letter on Apr. 5, 2000, respondent stated, among other things, that he had “received no response” from petitioner to his earlier phone call. Because respondent sent the letter merely 4 days after petitioner’s earlier letter, however, it is plausible that respondent had not received petitioner’s letters before he sent his response.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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