- 13 - testimony. He has not even identified the employees who allegedly gave him the advice. But any advice given to him by IRS employees, whether accurate or inaccurate, would be a product of the legal or administrative judgment of the person giving the advice. Therefore, the oral advice petitioner testified he received and relied upon does not constitute a ministerial act. Moreover, petitioner should have known the "advice" to be erroneous in April 1993. That was when he signed the decision document agreeing that he had net tax payments for 1983 of $5,717 on a tax deficiency to be assessed in the amount of $5,717, and a deficiency in income tax due for 1980 of $6,330. Petitioner's present request for a "refund" of interest from 1993 forward conflicts with the evidence of his actual knowledge or reason to know that he was entitled to neither a $5,717 refund for 1983 nor a $5,717 tax "credit" from 1983 to 1980. In sum, respondent’s refusal to abate interest was not an abuse of discretion. We have considered all other arguments advanced by petitioner and, to the extent not discussed above, have found those arguments to be irrelevant or without merit. To reflect the foregoing, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13
Last modified: May 25, 2011