Nancy Silverman and Estate of Sheldon Silverman, Deceased, Nancy Silverman, Executrix - Page 43

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          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 or               





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