Joe Nathan Wright and Lola H. Wright - Page 8

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          respondent, during his consideration of their request, that they            
          were relying on allegations 8, 9, and 10 as additional grounds              
          for relief.  As we are charged with determining whether                     
          respondent abused his discretion in denying petitioners’ request            
          for interest abatement, allegations petitioners failed to bring             
          to respondent’s attention during that consideration process                 
          generally cannot be relevant to our inquiry.  See Stewart v.                
          Commissioner, T.C. Memo. 2003-106 n.5; cf. Magana v.                        
          Commissioner, 118 T.C. 488, 493 (2002) (“it would be anomalous              
          and improper for us to conclude that respondent’s Appeals Office            
          abused its discretion under section 6330(c)(3) [collection due              
          process determination] in failing to grant relief, or in failing            
          to consider arguments, issues, or other matter not raised by                
          taxpayers or not otherwise brought to the attention of                      
          respondent’s Appeals Office”).  Accordingly, we need not further            
          evaluate those allegations.                                                 
               B.  Allegations 1-7                                                    
               Accepting arguendo the veracity of the allegations numbered            
          1-7 above and that such allegations involve “ministerial acts”              
          for purposes of section 6404(e), we conclude that petitioners               
          have failed to demonstrate that respondent abused his discretion            
          in refusing to abate interest with respect to petitioners’ 1993             
          and 1994 tax liabilities.  We reach that conclusion primarily               
          because petitioners have failed to establish that they were                 






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