Michael J. Heckler, a.k.a. Michael Vonheckler and Charlotte A. Miska - Page 13

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          February 20, 1996, petitioners have not overpaid the interest due           
          on the $6,054 tax deficiency that respondent assessed as a                  
          computational adjustment on October 23, 1995, regardless of                 
          whether such interest is computed under the normal rate                     
          prescribed in section 6621(a)(2) or under the increased rate                
          prescribed in section 6621(c).  See Greene v. Commissioner, T.C.            
          Memo. 1995-105.                                                             
               Petitioner's contention that the $3,240.60 paid on February            
          20, 1996, represents the full amount of the interest due on the             
          tax deficiency of $6,054 is incorrect.  Petitioner's argument is            
          based on the erroneous assumption that the interest due on the              
          deficiency of $6,054, arising from the disallowance of his                  
          distributive share of the loss reported by Irving & Co., is                 
          computed from April 15, 1987 (the due date of petitioners' 1986             
          tax return) to March 18, 1991 (the date that petitioners executed           
          a waiver of restrictions as to assessment and collection in                 
          docket No. 11547-90).  To the contrary, the stipulated decision             
          entered in docket No. 11547-90, and the waiver of restrictions on           
          assessment and collection which petitioners executed in                     
          connection with that decision, concerned adjustments to                     
          petitioners' 1986 tax liability wholly independent of the                   
          partnership adjustments underlying the instant proceeding.  In              
          this light, it is evident that the waiver does not toll the                 







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