- 43 - the abatement determination, there is no blinking the fact that the $54,372.61 plus interest that was a portion of the $128,715.36 refund was available to be paid to Nancy in 1988 solely because of the credit for 1981 that had been generated by the State Coal royalty deduction. On answering brief, petitioners contend as follows: Respondent's own witness testified that the amount "transferred back" to 1980 consisted of withholding credits and occurred April 15, 1982, a date which is prior to the filing of the Silverman's 1981 tax return, a date which is prior to the Internal Revenue Service receiving the tax return which contained the grossly erroneous item. Therefore, the prior "transfer back" of Sheldon Silverman's withholding credits had nothing whatsoever to do with the filing of the 1981 tax return and had nothing to do with the grossly erroneous State Coal Venture deduction claimed on the 1981 tax return. The "transfer back" of Sheldon Silverman's withholding credits was not contingent upon, nor did it result from the State Coal Venture deduction, as this "transfer back" occurred prior to the reporting of this grossly erroneous item. [Emphasis in original.] The transcripts of account for Nancy's and Sheldon's 1981 and 1980 income tax liabilities show that the $54,372.61 transfer occurred, or was posted, as of April 15, 1982. It is clear, and we have found, that after the transfer the balance in Sheldon's and Nancy's 1980 account was zero. Examination of the adjustments shown on the transcript of account for 1980 and listed on supra table 6, shows that a $54,372.61 transfer into the 1980 account would make the balance zero only after giving effect to the September 27, 1982, adjustments. Thus, although the transfer was made as of April 15, 1982, it was made on orPage: Previous 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 Next
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