Charles Deverna - Page 12

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          order to prevail, a taxpayer must prove that the Commissioner               
          exercised this discretion arbitrarily, capriciously, or without             
          sound basis in fact or law.  Lee v. Commissioner, supra at 149;             
          Woodral v. Commissioner, 112 T.C. 19, 23 (1999).                            
               Petitioner contends that respondent “failed to perform the             
          ministerial act of issuing an RAR to Mr. Deverna until all cases            
          were settled.”  Specifically, petitioner argues that, when he               
          received the October 1993 letter from Lerner, the case was                  
          settled and assessments should have been made at that time.                 
          Petitioner argues that interest should be abated from the date of           
          the October 1993 letter until the dates of the assessments in               
          1998.  Petitioner testified at trial that he received the October           
          1993 letter and thought that, based on the letter’s contents, the           
          case was settled with the IRS.                                              
               The letter, however, was prepared by Lerner, a                         
          representative of some of the TEFRA partnerships, but not a                 
          representative of Manhattan Associates.  It is unclear from the             
          record whether the October 1993 letter was sent in response to a            
          specific correspondence between respondent and Lerner.  There is            
          no evidence that petitioner did any of the things described in              
          the letter as prerequisites to assessments against individual               
          partners.  The letter was not presented to Vogel or Ohrtman as a            
          basis for petitioner’s allegations that he had settled his case.            
          The letter was not presented to respondent for consideration                






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