- 45 - 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 counselPage: Previous 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 Next
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