Robert A. Franklin - Page 2




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          respondent’s refusal to abate interest constitutes an abuse of              
          discretion.                                                                 
                                     Background                                       
               The parties’ stipulations are incorporated into this                   
          Memorandum Opinion by reference and, accordingly, are found as              
          facts in the instant case.  At the time he filed his petition,              
          petitioner resided in Tampa, Florida.                                       
               On August 22, 2001, Internal Revenue Service (IRS) Agent               
          Julie A. Kelley (Agent Kelley) initiated examination of                     
          petitioner’s 1999 return.  On September 10, 2001, Agent Kelley              
          initiated examination of petitioner’s 1998 return.  On                      
          September 25, 2001, Agent Kelley worked on notices of proposed              
          adjustments to items reported on petitioner’s income tax returns            
          for 1998 and 1999.                                                          
               On September 27, 2001, Agent Kelley sent petitioner a letter           
          requesting an extension of the limitations period for assessing             
          petitioner’s taxes for 1998.  Agent Kelley drew up a Revenue                
          Agent Report on October 2, 2001.  Petitioner discussed the                  
          Revenue Agent Report with Agent Kelley on October 5, 2001.                  
          Subsequently, petitioner discussed the Revenue Agent Report with            
          his representative, Laymond Cloud (Mr. Cloud), and informed Agent           
          Kelley on October 22, 2001, that he would not agree to sign a               
          report until adjustments to all of his returns under audit were             
          consolidated into one report.  On October 24, 2001, Agent Kelley            







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