- 10 - that their 1985 and 1988 amended returns were referred for examination on November 19, 1990, but Examiner Kruse delayed the examination until January 3, 1992, when he first contacted petitioners. Petitioners also argue that the period involved in transferring petitioners’ files from Examiner Kruse’s office to Appeals (September 23, 1992, to December 3, 1992) was excessive. Additionally, petitioners claim that between January 1993 and April 29, 1993, respondent was dilatory in forwarding their files from Appeals to Agent Bose. Further, petitioners argue that from May 1993 to October 1994, Agent Bose reaudited the amended returns instead of simply issuing the RAR. Because petitioners intended to apply the anticipated refund as payment for any liabilities outstanding as to the 1981 tax year, petitioners claim that the alleged errors or delays in the refund claim for 1985 relate to the 1981 tax year. Accordingly, petitioners contend that they are entitled to an abatement of interest under section 6404(e) as to the 1981 tax year. Respondent counters that no errors or delays in performing ministerial acts occurred during the processing of the refund claim for 1985. Further, respondent argues that even if any such errors or delays were committed, petitioners cannot be allowed an abatement of interest for the 1981 tax year under section 6404(e) with regard to such errors or delays. In other words, respondent claims that the errors or delays were not associated with thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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