- 29 - nonpartnership items at the commencement of a criminal investigation against him. Petitioner further asserts that since respondent could exercise no judgment or discretion in issuing the notice once the criminal investigation of Jay Hoyt began, the procedure in the regulation requiring notification is a ministerial act. Accordingly, he concludes that respondent’s failure to send the required notification to Jay Hoyt was an error in performing a ministerial act that contributed to the accrual of interest. Petitioner asserts that had respondent notified Jay Hoyt on October 17, 1989, the date of the first criminal investigation of Jay Hoyt after the first contact by respondent relating to the audit of SGE,10 petitioner would have become aware of Jay Hoyt’s fraud and could have made informed decisions about the SGE deductions and credits he claimed. Further, petitioner claims that respondent’s failure to send Jay Hoyt the notification concealed Jay Hoyt’s fraud until December 31, 1998, the date petitioner alleges that investors had sufficient information concerning the fraud. On the basis of these claims, petitioner requested that respondent abate interest from October 17, 1987, until December 31, 1998. He contends that respondent’s failure to abate interest for this period was an abuse of discretion. 10 Respondent’s first contact with petitioner for purposes of sec. 6404(e) was Dec. 17, 1987. See supra note 9.Page: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
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