John G. Goettee, Jr. and Marian Goettee - Page 45




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          petitioners.  Compare example (2) to sec. 301.6404-2T(b)(2),                
          Temporary Proced. & Admin. Regs., supra.                                    
               From the foregoing, we conclude that there was no abuse of             
          discretion in respondent’s failure to abate interest for any part           
          of the first period.                                                        
               We hold for respondent on this issue.                                  
          B.  Second Period (Dec. 14, 1994, through May 2, 1995)                      
               On opening brief, petitioners contend as follows with regard           
          to the second period:                                                       
                    Petitioners sent their executed decision document to              
               Cincinnati Appeals Office on December 14, 1994.  Almost four           
               and one-half months passed before it was signed by Mr.                 
               Winkler on April 25, 1995.  Another week passed before it              
               was actually filed with the United States Tax Court on May             
               2, 1995.  Due to the delay evident in such time lag,                   
               Petitioners seek abatement of interest for the period                  
               running from December 14, 1994 to May 2, 1995.                         
               On answering brief, respondent replies as follows to                   
          petitioners’ contentions:                                                   
                    While respondent does not necessarily agree with                  
               petitioners’ argument on this particular matter and does not           
               concur that counter-signing and filing stipulated decision             
               documents implicates a ministerial decision, respondent will           
               concede that an abatement of interest, for the period from             
               February 25, 1995 through April 25, 1995, should be allowed            
               to petitioners in the unusual circumstances of this case.              
               In making this concession, however, respondent notes two               
               points detailed below.                                                 
               The two points respondent refers to are as follows:                    
                    1.  Respondent’s counsel proceeded with settling                  
               individual Barrister cases out of alphabetical order “where            
               a taxpayer or representative contacted respondent’s counsel            





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