- 13 - find that respondent should have abated the interest that accrued from December 22, 1996, until the date it became clear to petitioners that their liabilities had not, in fact, been extinguished. The first notice indicating that there were amounts still outstanding after petitioners’ July 22, 1999, payment was the monthly statement dated August 11, 1999. Therefore, we conclude that respondent abused his discretion in refusing to abate interest that accrued during the period from December 22, 1996 to August 11, 1999. August 11, 1999 to Present After the August 11, 1999, statement was received by petitioners, petitioners were on notice that their understanding of the installment agreement was incorrect and that some additional amounts were still due. Their failure to make any payments after that date was a result of their decision to challenge respondent’s position. There was no erroneous or dilatory performance of a ministerial act on respondent’s part to cause this delay. Therefore, we hold that respondent did not abuse his discretion in refusing to abate interest for the period after August 11, 1999. Decision will be entered under Rule 155.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13
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