- 16 - they spent time researching and interpreting the proper application of the law to the TLP case. Decisions concerning the proper application of Federal tax law are not ministerial acts. See sec. 301.6404-2T(b)(1), Temporary Proced. & Admin. Regs., supra. Because the actions of Agents Dosil and McBrien in researching and interpreting the proper application of the law are not ministerial acts, respondent's refusal to abate interest that accrued while they were taking those actions was not an abuse of discretion. Furthermore, we note the failure of the tax matters partner and TLP's attorney timely to comply with respondent's requests for TLP business and legal documents and the limited partners' Schedules K-1. Petitioners argue that, because respondent possessed all of the necessary Schedules K-1, the noncompliant acts of the tax matters partner should not be the focus of the inquiry. The reason Agent McBrien asked for the K-1s, however, was to expedite the examination process. The failure to obtain all of the Schedules K-1 for TLP and the time it took to obtain the other business and legal documents extended the time necessary to complete the audit and contributed significantly to any delay that occurred while the case was in examination. Accordingly, for the period April 1, 1985, through August 1987, we hold that it was not an abuse of discretion for respondent to refuse to abate interest.Page: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
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