Thomas Frederick Dadian and Lois Ann Dadian - Page 18

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        1999.  During this period, the delay appears to be the                        
        responsibility of South Bay’s TMP.  Nothing in the record                     
        indicates otherwise.  Therefore, petitioners are not entitled to              
        abatement of interest for the period April 1, 1998, through March             
        13, 1999.                                                                     
             After South Bay’s TMP signed the closing agreement and sent              
        it back to respondent, respondent was required to countersign the             
        closing agreement.  The testimony concerning respondent’s receipt             
        of the executed closing agreement is speculative.  Taking into                
        account the date of execution, respondent likely received the                 
        signed closing agreement by the end of March.  See Goettee v.                 
        Commissioner, T.C. Memo. 2003-43.  Respondent drafted the closing             
        agreements, which were very similar to those used in all the                  
        Swanton program settlements.  Respondent’s countersignature did               
        not require discretion and consequently was a ministerial act.                
        See id.  Respondent countersigned South Bay’s closing agreement on            
        July 19, 1999, 4 months after South Bay signed it.  Respondent has            
        not adequately explained the specific events that occurred during             
        that period to cause the delay, or why abatement of interest for              
        that period was denied.  See, e.g., Jacobs v. Commissioner, T.C.              
        Memo. 2000-123.  In light of the facts of this case, we believe 3-            
        1/2 months was an unreasonable delay.  Petitioners are entitled to            
        interest abatement for respondent’s delay in countersigning the               
        closing agreement, for the period April 1 through July 19, 1999.              






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