- 18 - 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.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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