Simone Joye - Page 24




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          in support of her position that the delay in the payment of her             
          unpaid liability for each of the years 1987, 1988, and 1989 was             
          attributable to respondent’s being erroneous or dilatory in                 
          performing a ministerial act.  Respondent contends that a signif-           
          icant aspect of petitioner’s delay in the payment of her unpaid             
          liability for each of those years is attributable to petitioner.            
          On the record before us, we agree with respondent.  At all times,           
          petitioner had the ability to stop the accrual of interest on her           
          unpaid liability for each of the years 1987, 1988, and 1989 by              
          paying that liability.  On the record before us, we find that               
          petitioner has failed to show that the delay in the payment of              
          her unpaid liability for each of the years 1987, 1988, and 1989             
          was attributable to respondent’s being erroneous or dilatory in             
          performing a ministerial act.  On that record, we further find              
          that petitioner has failed to show that respondent abused respon-           
          dent’s discretion in determining not to abate interest during the           
          period 1990 to present with respect to each of those years.                 
               We have considered all of petitioner’s arguments and conten-           
          tions that are not discussed herein, and we find them to be                 
          without merit and/or irrelevant.                                            
               To reflect the foregoing,                                              
                                             Decision will be entered for             
                                        respondent.                                   








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