Ralph Howell - Page 9




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          or without sound basis in fact or law.  Lee v. Commissioner, 113            
          T.C. 145, 149 (1999); Woodral v. Commissioner, 112 T.C. 19, 23              
          (1999).                                                                     
          III.  Analysis                                                              
               Petitioner alleges that respondent engaged in several forms            
          of ministerial error or delay.                                              
               Petitioner first alleges that during respondent’s criminal             
          investigation of AMCOR respondent “was in full possession of the            
          records necessary to issue a tax deficiency, but failed to do               
          so.”                                                                        
               Regardless of whether respondent possessed the records                 
          required to determine petitioner’s deficiencies during                      
          respondent’s criminal investigation of AMCOR, the long and                  
          winding procedural history of the AMCOR audit and litigation                
          prevented respondent from making that determination for several             
          years.  Pursuant to section 6221, the proper tax treatment of               
          petitioner’s AMCOR-related items was required to be determined at           
          the partnership level.  Pursuant to section 6225(a), respondent             
          was prohibited from assessing or collecting petitioner’s                    
          deficiencies until the decisions in the AMCOR partnership cases             
          in this Court became final.  As noted supra, that did not occur             
          until October 17, 2001, long after respondent returned the AMCOR            
          records in 1993.  Petitioner has therefore failed to establish              
          that respondent’s delay in assessing petitioner’s deficiencies              







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