Ralph Howell - Page 10




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          until the close of AMCOR-related partnership litigation                     
          constitutes error or delay in performing a ministerial act.7                
               Petitioner also alleges that the imposition of interest is             
          grossly unfair because the amounts of interest assessed now                 
          greatly exceed the amounts of the deficiencies.  As we have noted           
          on several occasions, the mere passage of time does not establish           
          error or delay in performing a ministerial act.  Lee v.                     
          Commissioner, supra at 151; Mekulsia v. Commissioner, supra;                
          Hawksley v. Commissioner, T.C. Memo. 2000-354; Cosgriff v.                  
          Commissioner, T.C. Memo. 2000-241.                                          
               Petitioner further alleges that the information regarding              
          the examination status of Agri-Venture Fund contained in                    
          respondent’s letter of January 20, 1997, was erroneous and its              
          inclusion constituted ministerial error.8                                   

               7  In Crop Associates-1986 v. Commissioner, supra, in answer           
          to the TMP’s allegations that respondent had delayed the                    
          litigation of AMCOR partnership cases, we concluded that “Blame             
          (if any) for the time it took to proceed to the present posture             
          cannot be laid only at the feet of respondent.”  Indeed, it                 
          appears that the litigation was protracted by, among other                  
          things, sundry claims advanced on behalf of the AMCOR                       
          partnerships, none of which was deemed persuasive.  See Crop                
          Associates-1986 v. Commissioner, 113 T.C. 198 (1999); Agri-Cal              
          Venture Associates v. Commissioner, T.C. Memo. 2000-271; Crop               
          Associates-1986 v. Commissioner, T.C. Memo. 2000-216.                       
               8  In his second amended petition, petitioner alleges that             
          an additional letter from respondent dated June 27, 2000,                   
          contained similar erroneous information.  Petitioner attached a             
          copy of that letter to his second amended petition, but no copy             
          of the letter was entered into evidence.  Documentary material              
          attached to a petition is not evidence.  Greengard v.                       
                                                             (continued...)           






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