Laurence L. and Patricia Jacobs - Page 24




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          September 16, 1993, we uphold respondent's final determination              
          not to abate interest for such period.                                      
               It is apparent from Appeals Officer Thurston's April 22,               
          1994, facsimile to Mr. Reising, stating she had put the TLP case            
          "on the back burner", that she was working on non-TLP matters               
          from September 17, 1993, through April 21, 1994.  Appeals Officer           
          Thurston was able to work on more pressing matters because the              
          tax matters partner and TLP's attorney executed a Form 872-O                
          extending the period of limitations indefinitely.  Though not               
          precisely on point, section 301.6404-2T(b), Example (5),                    
          Temporary Proced. & Admin. Regs., 52 Fed. Reg. 30163 (Aug. 13,              
          1987), implies that Appeals Officer Thurston's decision to order            
          her work affairs based on caseload priorities is not a                      
          ministerial act.  Consequently, we uphold respondent's final                
          determination not to abate interest from September 17, 1993,                
          through April 21, 1994.                                                     
               From April 22, 1994, forward, we are satisfied that                    
          respondent was working steadily on the TLP case to bring the                
          matter to a close.  Between April 22 and August 29, 1994, Appeals           
          Officer Thurston spent her time clarifying the settlement with              
          TLP's new representative, William Knoke.  After August 29, 1994,            
          Appeals Officer Thurston prepared the paperwork and performed               
          other tasks necessary to bring the settlement to a close.  After            
          the settlement letters (containing Forms 870-P(AD)) were sent to            






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