John G. Goettee, Jr. and Marian Goettee - Page 31




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          July 31, 1996, the effective date for the relevant provisions in            
          TBOR 2.  Fish advised petitioners to do this to protect their               
          right to petition the Tax Court to review the Commissioner’s                
          decision about petitioners’ abatement requests.  On October 3,              
          1996, petitioners submitted new Forms 843.                                  
               On October 25, 1996, Fish recommended that (1) interest                
          should be abated for the period October 4, 1995, through                    
          September 20, 1996, because for that period “taxpayers were                 
          continually given incorrect advise [sic] and subject to the                 
          processing timeframes of the ill advised offer and interest                 
          abatement claims[, and]” (2) interest should not be abated for              
          any period before petitioners paid the taxes because--                      
               There were no ministerial or managerial acts which                     
               contributed to errors or delays, which were not part of the            
               tax court/shelter process.  The taxpayers were offered                 
               opportunities to resolve the matter in earlier years, as               
               well as advised that a posted cash bond would suspend the              
               accrual of interest.                                                   
               Fish’s analysis presented the dollar effects of his                    
          recommendations on petitioners’ interest abatement claims as                
          shown in table 5.                                                           
                                       Table 5                                        
                  Year       Claimed       Disallowed       Allowed                   
               1978        $66,763           $65,439        $1,324                    
               1979           37,252         36,508         744                       
               1981           4,792          4,688          104                       
               1982           13,533         13,143         390                       
               1983           4,270          4,129          141                       







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