- 15 - Proced. & Admin. Regs., 52 Fed. Reg. 30163 (Aug. 13, 1987).9 A decision concerning the proper application of Federal tax law is not a ministerial act. See id. We proceed to consider whether respondent's refusal to abate interest in the instant case was an abuse of discretion. Our analysis is segmented into the relevant time periods. April 1, 1985, Through August 1987 April 1, 1985, the date respondent mailed notices of beginning administrative proceedings to the individual limited partners of TLP, is the point at which respondent first contacted petitioners in writing with respect to the deficiencies. Consequently, April 1, 1985, begins the period that may be taken into account, pursuant to section 6404(e), in deciding whether interest may be abated. At trial, Agent McBrien explained that between April 1, 1985, and September 1987, Agents Dosil and McBrien spent most of their time considering whether to allow the R&D expense and whether to determine penalties. He also testified that work on the TLP file proceeded at a steady pace as 9 The final regulations under sec. 6404 were issued on Dec. 18, 1998. The final regulations generally apply to interest accruing on deficiencies or payments of tax described in sec. 6212(a) for tax years beginning after July 30, 1996. See sec. 301.6404-2(d)(1), Proced. & Admin. Regs. Accordingly, the final regulations are inapplicable to the instant case, and sec. 301.6404-2T, Temporary Proced. & Admin. Regs., 52 Fed. Reg. 30163 (Aug. 13, 1987), effective for taxable years beginning after Dec. 31, 1978, but before July 30, 1996, does apply. See sec. 301.6404-2T(c), Temporary Proced. & Admin. Regs., supra.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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