- 14 - Regulations define “ministerial act” as “a procedural or mechanical act that does not involve the exercise of judgment or discretion, and that occurs during the processing of a taxpayer’s case after all prerequisites to the act, such as conferences and review by supervisors, have taken place.” Sec. 301.6404- 2T(b)(1), Temporary Proced. & Admin. Regs., 52 Fed. Reg. 30163 (Aug. 13, 1987). The regulations illustrate how the Commissioner applies this definition with numerous examples. See sec. 301.6404-2T(b)(2), Temporary Proced. & Admin. Regs., supra. A consistent theme in the examples is that decisions on allocating IRS personnel are “managerial,” not “ministerial,” meaning that delays caused by the Nicholses’ file sitting “on the respective personnel’s desk”--even if we assume on a summary judgment motion that those delays are completely the IRS’s fault--from the onset of the audit until the execution of the Form 870 are not ministerial. This is not new--we have held in the past that the “mere passage of time” does not “establish error or delay * * * in performing a ministerial act.” Lee v. Commissioner, 113 T.C. 145, 150 (1999). And, as the Commissioner argues, once the Form 870 was signed, the Nicholses themselves were directly responsible for the interest accrual by choosing not to pay the 5(...continued) interest that piled up because of “managerial acts” by the IRS, but that amendment is effective only for tax years beginning after July 30, 1996. Taxpayer Bill of Rights 2, Pub. L. 104-168, sec. 301(a)(2), 110 Stat. 1457.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011