Tan Xuan Bui - Page 9




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          being erroneous or dilatory in performing a ministerial or                  
          managerial act.  On the contrary, the record indicates that any             
          delay that may have occurred was attributable to petitioner.5               
          Section 6404(e)(1) prohibits abatement of interest if a                     
          significant aspect of the error or delay is attributable to the             
          taxpayer.                                                                   
               Finally, petitioner cannot successfully argue that                     
          respondent’s action enforcing the terms of the settlement between           
          petitioner and respondent was an abuse of discretion.  The                  
          decision resolving petitioner’s deficiency case included the                
          parties’ stipulation acknowledging that statutory interest would            
          be assessed on both the deficiencies and penalties for the years            
          at issue as required by law.  See sec. 6601(a), (e)(2).                     
          Respondent assessed interest in accordance with the stipulation             
          of the parties.  Petitioner has failed to demonstrate that there            












               5 Petitioner, who was represented by both a tax attorney and           
          a certified public accountant, failed to cooperate with                     
          respondent during the audit in that petitioner refused to provide           
          information requested by respondent.                                        






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