Thomas R. Camerato - Page 19




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          Respondent’s decision to grant or deny an immediate audit is not            
          a ministerial act; it is a managerial act involving the exercise            
          of discretion.                                                              
               Petitioner has failed to allege any ministerial error or               
          delay by respondent that caused an increase in petitioner’s                 
          interest obligation.  Moreover, the evidence alleged by                     
          petitioner is replete with acts by petitioner causing delay,                
          including his initial demand that the audit be delayed until he             
          completed his schooling, his demand that a subsequent audit be              
          delayed until he returned from vacation, his failure to pursue              
          review of respondent’s decisions for many months due to his busy            
          schedule, his unwillingness to listen to respondent’s positions             
          or to cooperate with respondent in an effort to accommodate his             
          requests, and his rude and insulting statements to respondent’s             
          customer service representatives (which are evidenced in the                
          customer service notes of petitioner’s conversations with                   
          respondent’s customer service representatives, in petitioner’s              
          letters to respondent, and in the papers petitioner filed with              
          this Court).  The record in this case shows clearly that a                  
          significant aspect of the delay, if not all of the delay, in                
          finally determining the correct amount of petitioner’s                      
          deficiencies is attributable to petitioner.                                 
               We find no error in respondent’s determination that                    
          petitioner is not entitled to an abatement of interest in excess            






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