Robert James Jaffe - Page 2

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          decision is whether respondent’s denial was an abuse of                     
          discretion.  Because we decide that (1) respondent was not                  
          required to notify petitioner of a TEFRA audit, (2) respondent is           
          not required to offer petitioner a consistent settlement, and (3)           
          respondent did not err or delay in performing a ministerial act,            
          we hold that it was not an abuse of discretion.                             
                                  FINDINGS OF FACT                                    
               Some of the facts are stipulated.  The stipulation of facts            
          and the attached exhibits are incorporated herein by this                   
          reference.  At the time the petition was filed, petitioner                  
          resided in Woodland Hills, California.                                      
               On his 1983 Federal income tax return, petitioner reported a           
          loss of $14,056, attributable to his investment in a partnership            
          called Asher & Associates (Asher).  On his 1984 Federal income              
          tax return, petitioner reported a loss of $757 on Schedule E,               
          Supplemental Income and Loss, attributable to Asher.  Asher was a           
          limited partner in Wilshire West Associates (Wilshire), one of 50           
          coal tax shelter partnerships or joint ventures (Swanton                    
          programs) created by Norman Swanton (Mr. Swanton).2  In 1972, Mr.           




               2 Wilshire and 18 other Swanton partnerships were formed               
          after the enactment of the Tax Equity and Fiscal Responsibility             
          Act of 1982 (TEFRA), Pub. L. 97-248, secs. 402-407(a), 96 Stat.             
          648, and are subject to the partnership rules of TEFRA.  The                
          remaining 30 Swanton partnerships were formed before the                    
          enactment of TEFRA.                                                         





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