Winn-Dixie Stores, Inc. and Subsidiaries - Page 4

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          agreed underpayments.  Nevertheless, respondent did not credit              
          the overpayments against the underpayments.                                 
               By checks dated July 20, 1995, and August 4, 1995, in the              
          respective amounts of $11,203,987 and $1,767,273, respondent                
          refunded the overpayment for 1984.  Included in the refund was              
          interest calculated at the overpayment rate specified in section            
          6621(a)(1).  By check dated September 5, 1995, in the amount of             
          $62,798, respondent refunded the overpayment for 1987 with                  
          interest calculated in the same manner.                                     
               On or about July 26, 1995, petitioner executed a Form 870-AD           
          reflecting the partial settlement of its tax liabilities for the            
          years 1988 through 1991.  The Form 870-AD showed agreed                     
          underpayments of $909,763 for 1988, $911,371 for 1989, $9,513 for           
          1990, and $613,513 for 1991, or an aggregate of $2,444,160 of               
          agreed underpayments.  The Form 870-AD also contained the                   
          following statement:  "The taxpayer reserves the right to                   
          challenge the interest calculations made by the Internal Revenue            
          Service with respect to all years/periods covered by this                   
          agreement."  Respondent accepted the Form 870-AD on August 17,              
          1995, and on or about August 30, 1995, assessed the agreed tax              
          and mailed two Notices of Tax Due relating to the agreed                    
          underpayments.  Included in the amount of tax due was interest in           
          the amount of $2,003,589.91 calculated at the underpayment rate             
          specified in section 6621(a)(2) and (c).                                    






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