- 12 - act, such as conferences and review by supervisors, have taken place.” The final regulations under section 6404(e) provide the same definition. See sec. 301.6404-2(b)(2), Proced. & Admin. Regs.6 The final regulations define a “managerial act” as “an administrative act that occurs during the processing of a taxpayer’s case involving the temporary or permanent loss of records or the exercise of judgment or discretion relating to management of personnel.” Sec. 301.6404-2(b)(1), Proced. & Admin. Regs. Petitioners do not dispute that they are liable for the interest that had accrued on their outstanding tax liabilities. Petitioners contend, however, that respondent abused his discretion in not abating interest that had accrued since March 27, 2003, the earliest date that petitioners requested an escrow demand letter. Petitioners argue that had respondent provided them with the escrow demand letter at that time, then petitioners would have been able to refinance their home and to pay in full their tax liabilities. Thus, petitioners contend that respondent’s failure to send them the escrow demand letter on March 27, 2003, was an unreasonable ministerial delay. On or about March 27, 2003, petitioners requested a payoff 6 The final regulations were issued on Dec. 18, 1998, generally effective with respect to interest accruing on deficiencies or payments of tax for tax years beginning after July 30, 1996.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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