Laurence L. and Patricia Jacobs - Page 15




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          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.                    





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