Nicholas J. and Diane L. Palihnich - Page 3

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          1980 and 1981 tax years was an abuse of discretion.  Resolution             
          of this issue depends on resolution of the following issues:                
               1.  Whether respondent’s loss of petitioners’ 1981-82                  
          amended returns for almost 11 years was a ministerial act.  We              
          hold that it was.                                                           
               2.  Whether respondent’s refusal to abate interest that                
          accrued from May 1987 to March 1998 on petitioners’ tax liability           
          for 1980 was an abuse of discretion.  We hold that it was.                  
               3.  Whether respondent’s refusal to abate interest that                
          accrued other than during the time respondent lost petitioners’             
          1981-82 amended returns was an abuse of discretion.  We hold that           
          it was not.                                                                 
               Section references are to the Internal Revenue Code as                 
          amended.  Rule references are to the Tax Court Rules of Practice            
          and Procedure.  References to petitioner are to Nicholas J.                 
          Palihnich.                                                                  
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated and are so found.               
          A.   Petitioners and Their 1980-82 Tax Liabilities                          
               Petitioners are married and lived in Hopkinton,                        
          Massachusetts, when they filed the petition in this case.                   
               1.   Petitioners’ White Rim Investment and Respondent’s                
                    Disallowance of Petitioners’ White Rim Deductions                 
               Petitioners were limited partners in the White Rim Oil & Gas           
          Partnership (White Rim) in 1980-83.  Petitioners deducted losses            





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