William B. Berry and Marjorie S. Berry - Page 2




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          and adopts the opinion of the Special Trial Judge, which is set             
          forth below.                                                                
                         OPINION OF THE SPECIAL TRIAL JUDGE                           
               DINAN, Special Trial Judge:  Respondent determined that                
          petitioners are not entitled to an abatement of interest on                 
          Federal income taxes for the period January 1, 1992, through                
          November 5, 1998, relating to their 1983 through 1986 and 1988              
          through 1991 taxable years.  The only issue for decision is                 
          whether respondent abused his discretion in failing to abate the            
          assessment of interest.                                                     
                                     Background                                       
               Some of the facts have been stipulated and are so found.               
          The stipulations of fact and the attached exhibits are                      
          incorporated herein by this reference.  On the date the petition            
          was filed in this case, petitioners resided in Vero Beach,                  
          Florida, and neither petitioner had an individual net worth                 
          exceeding $2 million.                                                       
               In the years 1983 through 1985, petitioners invested a total           
          of $150,000 in a limited partnership known as Green Leasing                 
          Associates.  Green Leasing was organized and marketed by Kent               
          Klineman or an affiliated entity and by CIGNA Securities, a                 
          division of Connecticut General Life Insurance Co.  Green Leasing           
          was one of four partnerships which made up another partnership              
          known as Madison Leasing.  These partnerships had over 100                  






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