- 12 - A. July 14, 1986, Through May 8, 1992 We held in Beagles v. Commissioner, T.C. Memo. 2003-67, that the Commissioner was not erroneous or dilatory in performing a ministerial act with respect to the Swanton programs between April 15, 1984, and May 8, 1992. We will briefly describe the events that support this holding. Respondent suspended his activity on the Swanton programs from April 1984 until the period of limitations for criminal prosecution of Mr. Swanton expired, because Mr. Swanton was being criminally investigated by the DOJ. We have previously held that the delay of a civil matter until resolution of related criminal proceedings is reasonable. Taylor v. Commissioner, 113 T.C. 206, 212 (1999), affd. 9 Fed. Appx. 700 (9th Cir. 2001). After the criminal investigation of Mr. Swanton ended, litigation in this Court for the pre-TEFRA Swanton programs continued until September 1992. See Smith v. Commissioner, 92 T.C. 1349 (1989); Kelley v. Commissioner, T.C. Memo. 1993-495. The mere passing of time during the litigation phase of a dispute does not establish an error or delay by the Commissioner in performing a ministerial act. Lee v. Commissioner, 113 T.C. at 150. We therefore conclude, as this Court did in Beagles v. Commissioner, supra, that it was not an abuse of discretion for respondent to deny petitioners’ request for abatement of interest for the period July 14, 1986, through May 8, 1992.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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