Charles Deverna - Page 14

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               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 Ohrtman                






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