Laurence L. and Patricia Jacobs - Page 21




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          stated that "The * * * [agency's] decision must be sufficiently             
          clear so that a court is not required to speculate as to its                
          basis."  See also Estate of Gardner v. Commissioner, 82 T.C. 989,           
          1000 (1984) (quoting Wong Wing Hang v. INS, 360 F.2d 715, 719 (2d           
          Cir. 1966) ("[A]gency action would be an abuse of discretion 'if            
          it were made without a rational explanation.'")).                           
               We are satisfied from the evidence adduced at trial that               
          during the period April 4, 1989, through September 30, 1989,                
          i.e., while the case was back with Agent McBrien's examination              
          group, respondent's actions were not ministerial.  However, as to           
          the period September 1, 1987, through November 17, 1991                     
          (excepting the period April 4, 1989, through September 30, 1989),           
          respondent has failed to explain the rationale for respondent's             
          determination not to abate interest.                                        
               The Commissioner is in the best position to know what                  
          actions were taken by IRS officers and employees during the                 
          period for which petitioners' abatement request was made and                
          during any subsequent inquiry based upon that request.  If we               
          were to uphold the Commissioner's determination not to abate                
          interest where the Commissioner has not clearly explained the               
          basis for the exercise of that discretion, we would be condoning            
          a review framework that would encourage the Commissioner to                 
          provide as little information as possible about the handling of             
          cases during the period of the abatement request and about the              






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