Gregorio and Viviana Mankita - Page 11




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          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'           




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