- 25 - the audits hindered the audit process. The record also establishes that respondent believed the partnerships were abusive tax shelters. Such delay in completing an examination because of the difficulties in obtaining documentation or because of the Commissioner’s suspicion of fraud does not prove that the Commissioner was erroneous or dilatory in performing ministerial acts. Banat v. Commissioner, supra. Accordingly, issuing the FPAAs after 1987 was not a delay in performing a ministerial act. Petitioner’s second claim alleges that the audits of SGE for 1985 and 1986 were so replete with errors that the audits had to be completely redone. Petitioner asserts that four of respondent’s agents were assigned to District Counsel in August 1990 to reaudit SGE for 1985 and 1986. While the parties have stipulated that the four agents were assigned to District Counsel to assist in trial preparation of the Hoyt investor partnerships docketed Tax Court cases for the 1980 through 1986 taxable years, petitioner argues that the agents’ work was not limited to trial preparation and appeared to be work traditionally done at the audit stage. Petitioner concludes that the existence of the “second” audit is “sufficient evidence that the first audit was replete with errors.” Petitioner’s conclusion is without merit. His argument fails to specify an error or delay in performing a ministerial act.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011