- 11 - and reviewed petitioners’ file and invited petitioners to a conference. Keenan sent a written settlement offer to petitioners on March 2, 1995. We are convinced by Keenan’s testimony that there was no delay due to a ministerial error from October 21, 1994, to March 2, 1995. Petitioners accepted Keenan's offer and signed the Form 870, Waiver of Restrictions on Assessment and Collection of Deficiency in Tax and Acceptance of Overassessment, to settle their case on April 17, 1996. Keenan's supervisor approved the settlement on May 31, 1996. Respondent abated the assessment consistent with the settlement on September 30, 1996. We conclude that respondent’s failure to abate interest from August 18, 1994, to September 30, 1996, was not an abuse of discretion. 7. October 1, 1996, to Present It was not an abuse of discretion for respondent not to abate interest that accrued after September 30, 1996, because that interest accrued solely due to petitioners’ failure to pay the liability to which they had agreed. Petitioners contend essentially that interest that accrued after September 30, 1996, should be abated because respondent should have used the refund paid to petitioners on February 21, 1994, to offset petitioners' 1990 tax deficiency. We disagree. Petitioner could have used those amounts to pay tax deficiencies for 1990. Respondent was under no obligation to use petitioners'Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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