- 14 - In 1997, the decision documents were sent to the Court, and the decision was entered. The decision became final in 1998, and the assessments followed. Petitioner also argues that there was an abuse of discretion in denying petitioner’s request without considering “pertinent evidence”, examining “relevant factors”, and articulating “a satisfactory explanation”. Petitioner relies on Beagles v. Commissioner, T.C. Memo. 2003-67, in arguing that the Commissioner allowed a partial abatement of interest in a different partnership associated with the Swanton coal programs. In Beagles, however, the partner became terminally ill and the surviving spouse presented relevant documents to the Appeals officer. Here, petitioner did not provide any evidence during the administrative process to support his claim that he settled his case several years prior to the assessments. His spouse was given relief under section 6015. In any event, as in Beagles, we conclude that the delays involved in this case were not attributable to ministerial acts. Relief given administratively in different circumstances does not establish abuse of discretion. See Fargo v. Commissioner, T.C. Memo. 2004-13; Mekulsia v. Commissioner, T.C. Memo. 2003-138. Petitioner also complains that Vogel and Ohrtman did not contact Sullivan regarding the Swanton coal programs. Petitioner and his representatives failed to contact OhrtmanPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011