- 14 - 5.8.11.2.2(3), at 16,378. We agree with respondent that the example presents circumstances similar to those in petitioners’ case, including: Petitioners invested in TEFRA partnerships in the early 1980s; petitioners’ outstanding tax liability is related to their investment in the partnerships; FPAAs were issued to the partnerships; respondent proposed a settlement offer which petitioners rejected;14 after several years of litigation, Tax Court decisions upheld the vast majority of the deficiencies asserted in the FPAAs; and petitioners argue that interest has accumulated as the result of delays by and other actions of the tax matters partner. Petitioners are also correct in asserting that not all the facts in their case are present in the example. However, it is unreasonable to expect that facts in an example be identical to facts of a particular case before the example can be relied upon. The IRM example was only one of many factors respondent considered. Given the similarities to petitioners’ case, respondent’s reliance on that example was not arbitrary or capricious. 3. Petitioners’ Other “Equitable Facts” Petitioners argue that respondent abused his discretion by failing to consider the other “equitable facts” of this case. 14 Mr. Freeman testified that he received a settlement offer, but the details of the settlement offer are not in the record.Page: Previous 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 Next
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