Gordon and Ilene Freeman - Page 14

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          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.                                                                     





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