- 2 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011