Herbert C. Elliot - Page 6

                                        - 6 -                                         
          liabilities of EMR for the fourth quarter of 1983, the first and            
          fourth quarters of 1984, and the first and second quarters of               
          1985.  This assessed amount equaled $42,407.                                
               Petitioner paid $18 with respect to the EPC liabilities and            
          $88 with respect to the EMR liabilities, and he sued the United             
          States on or about September 19, 1989, for a refund of these                
          payments.  The United States conceded that petitioner was not               
          liable for the penalty with respect to EMR for the first and                
          second quarters of 1985 and that the penalty with respect to EMR            
          for the fourth quarter of 1984 was $4,927.  In an order filed               
          May 28, 1991, the District Court hearing the case ruled that                
          petitioner also was not liable for the penalty with respect to              
          EMR for the fourth quarter of 1983 and the first quarter of 1984.           
          Thus, the total penalty against petitioner with respect to EMR              
          was reduced to $4,927.                                                      
               On April 16, 1991, petitioner offered to settle the two                
          refund cases for $31,000.  One month later, the United States               
          accepted his offer, and, in the next month, petitioner paid the             
          United States $31,000 in complete satisfaction of his liability             
          under section 6672.  The United States applied petitioner's                 
          payment to the $107,006 penalty assessed against him with respect           
          to the EPC liabilities.  Petitioner had not designated any part             
          of the payment as interest, and the United States did not apply             
          any part of the payment to interest.                                        






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  Next

Last modified: May 25, 2011