- 2 - 2001. The issue for decision is whether respondent’s denial of petitioners’ remaining claim for abatement of interest relating to petitioners’ 1991-95 tax years was an abuse of discretion. We hold that it was with respect to the time from July 3 to July 23, 2002.1 Section references are to the Internal Revenue Code as amended. Rule references are to the Tax Court Rules of Practice and Procedure. References to petitioner are to Thomas Bo. FINDINGS OF FACT Some of the facts have been stipulated and are so found. A. Petitioners Petitioners are married and lived in Malabar, Florida, when they filed the petition. They have four children. Petitioner operated a business through which he sold, leased, and installed security, monitoring, and alarm systems. Petitioner wife did the office work for the business including compiling data needed to prepare petitioners’ tax returns. At a 1 Respondent filed a motion for summary judgment which we granted with respect to whether petitioners are entitled to relief under sec. 6404(e)(1)(A), which applies to any deficiency attributable to any ministerial delay by respondent. We did so because respondent determined no deficiencies with respect to the years in issue. We denied respondent’s motion for summary judgment with respect to sec. 6404(e)(1)(B) and the flush language of sec. 6404(e)(1) as to whether petitioners’ delay in paying their 1991-95 taxes was attributable to erroneous or dilatory performance of a ministerial act by an officer or employee of the Internal Revenue Service, and, if so, whether petitioners caused any significant aspect of the delay.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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