Charles Deverna - Page 15

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          during his review of the interest abatement request and did not             
          comply with the requests of the Appeals officer with whom Ohrtman           
          was coordinating the case.  They did not provide the letter on              
          which petitioner claims reliance.  Thus, the Appeals officer and            
          Ohrtman relied on the information that remained in petitioner’s             
          file after the destruction of the World Trade Center.  Nothing in           
          Sullivan’s trial testimony supported petitioner’s arguments, and            
          the failure to contact her would not have affected the                      
          determination.                                                              
               We have considered petitioner’s other arguments.  They are             
          unpersuasive.  We therefore uphold respondent’s determination not           
          to abate interest in this case.                                             
               To reflect the foregoing,                                              
                                                  An appropriate order                
                                             and decision will be entered.            





















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