Ralph Howell - Page 12




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          respondent issued the letter of January 20, 1997, the case was              
          before this Court when the letter was issued.  As the letter                
          correctly noted, the period of limitations on assessment of                 
          deficiencies in petitioner’s taxes was consequently suspended.              
          See sec. 6229(d)(1).  Petitioner has not shown that respondent’s            
          letter of January 20, 1997, caused any accrual of interest that             
          is attributable to error or delay in performing a ministerial               
          act.                                                                        
               Petitioner further contends that the error contained in                
          respondent’s letter of January 20, 1997, provides an independent            
          basis for the abatement of interest pursuant to section 6404(f).            
          Generally speaking, section 6404(f) allows for the abatement of             
          penalties and additions to tax, and not of assessments of                   
          interest.9  See sec. 301.6404-3(c)(2), Proced. & Admin. Regs.               
          Petitioner’s argument regarding section 6404(f) is therefore                
          unfounded.                                                                  
               Finally, petitioner argues that respondent lost some of the            
          documents that respondent seized in March of 1989 from AMCOR’s              
          office and that respondent returned other documents in a state of           
          disarray.  Petitioner appears to argue that respondent is                   
          collaterally estopped from denying such facts pursuant to                   


               9  Sec. 6404(f) does allow for abatement of interest imposed           
          with respect to any penalty or addition to tax.  See sec.                   
          301.6404-3(c)(2), Proced. & Admin. Regs.  Such interest is not at           
          issue in the matter before us.                                              






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