John G. Goettee, Jr. and Marian Goettee - Page 48




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          authority to abate interest in petitioners’ case.  Similarly,               
          there was no error or delay for the period April 25 (when Winkler           
          signed the settlement document), through May 2, 1995, when the              
          decision was entered by the Tax Court.                                      
               The remaining 3 months of the second period are more                   
          complicated.  Respondent’s two proffered explanations are not               
          helpful.  The first explanation, dealing with taking cases out of           
          alphabetical order, related to the first period (ending October             
          26, 1994) and not to the second period.  The second explanation,            
          dealing with uncertainty as to petitioners’ intent to settle,               
          evidently was resolved by Becker, not later than January 13,                
          1995, when he notified petitioners in writing that the proposed             
          settlement “has been approved.”                                             
               We consider first whether Winkler’s actions with respect to            
          the settlement of petitioners’ case constituted ministerial acts.           
               We have found that in 1993 arrangements were made to have              
          the Cincinnati office take on part of the work of settling                  
          Barrister cases.  About July 1993, Barrister cases were assigned            
          to Rowland and her Cincinnati office colleagues.  For about the             
          first 6 months that the Cincinnati office processed Barrister               
          cases, proposed decision documents were sent to Winkler and Craig           
          for approval before the documents were sent to the taxpayers.               
          Thereafter, the Cincinnati office was deemed to be sufficiently             
          proficient at drafting these documents, so that that office sent            






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