Edward H. Jones, III - Page 25




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          rejection of the modified second installment proposal, Krogue was           
          not being erroneous or dilatory in performing a ministerial act.            
               The negotiation of the IRS’s detailed proposal did not                 
          involve an error or delay.                                                  
               On May 31, 2002, petitioner received the necessary forms               
          from Krogue and noticed that they required $600 monthly payments            
          instead of the agreed-upon $400 monthly payments.  They back-and-           
          forthed, finally speaking on June 12, 2002.  Krogue’s notes are             
          as follows:                                                                 
               TP/POA CONTACT                                                         
               RESULTS:  TC from TP.  Reviewed RO history and                         
               5/21/02 history states that IA should be for $400.00 a                 
               month.  Agreed w/TP and ask him to cross out the                       
               $600.00 and input $400.00, sign and return to RO.  TP                  
               agreed.                                                                
               This error did not involve the exercise of judgment or                 
          discretion, the supervisor’s review had already taken place, and            
          there was no problem of application of Federal tax law.  We                 
          conclude, and we have found, that in this matter Krogue was                 
          erroneous in performing a ministerial act.                                  
               The record does not show whether the delay in processing the           
          installment payment agreement resulted in a delay in making                 
          payments of tax, within the meaning of section 6404(e)(1)(B).               
          For purposes of respondent’s summary judgment motion, in the                
          absence of any reason to conclude otherwise, we assume that                 
          Krogue’s error, which came to petitioner’s attention on May 31,             
          2002, and was corrected on June 12, 2002, caused a delay of at              






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