Thomas R. Camerato - Page 13




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               In granting respondent’s motion, we do not rely on                     
          petitioner’s procedural failures.  Even if we should accept                 
          petitioner’s unsupported allegations as true and properly                   
          supported by evidence, we would still grant respondent’s motion             
          for summary judgment.  As a matter of law, none of the five                 
          grounds for abatement that petitioner has alleged is a valid                
          ground for relief.                                                          
               First, petitioner alleges that respondent improperly refused           
          to grant his request made on September 9, 1994, to delay the                
          audit of his returns until he completed his graduate work in May            
          1995.  Even if wrongful, respondent’s refusal to delay the audit            
          would not constitute a legal basis for the abatement of interest.           
          Respondent’s decision to refuse to delay the audit is not a                 
          ministerial act; it is a managerial act involving the exercise of           
          discretion for which interest abatement is not available to                 
          petitioner in this case.                                                    
               Second, petitioner alleges that “I told the IRS auditor in             
          September & October 1994 that the best address to use for me was            
          my mailing address on the Carnegie Mellon University Campus.                
          * * * He apparently didn’t register that address change.”                   
          Petitioner alleges that he therefore did not know about the April           
          4, 1995, notice of deficiency.  Petitioner argues, in essence,              
          that if respondent had mailed the notice of deficiency to his               
          “better” Carnegie Mellon address, he would have received it,                






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