Jerry and Patricia A. Dixon, et al - Page 74




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          dated February 19, 1993, which the Thompsons endorsed to DeCastro           
          Law Corp.                                                                   
               The refund of $32,225 to the Thompsons was based upon the              
          conclusion that, as of December 30, 1986, when the Thompsons                
          first remitted a total of $59,545 as interest payments for the              
          years 1979, 1980, and 1981, the Thompsons' total tax liability              
          for those years, as reflected in the Court's decisions entered              
          on August 26, 1992, was approximately $57,500--comprising $30,000           
          in tax and $27,500 in interest.  Accordingly, the Thompsons'                
          December 1986 remittance of $59,545 resulted in an overpayment              
          of approximately $2,045.  In addition to this overpayment, on               
          June 17, 1987, the Thompsons had made an additional payment of              
          $62,225 towards their tax liability for 1979.  The $32,225 refund           
          paid to the Thompsons on February 19, 1993, represents the                  
          difference between the Thompsons' $62,225 payment and the $30,000           
          refund that the Thompsons had previously received in July 1989.             
               Following the receipt of the $32,225 refund, Mr. DeCastro              
          wrote to Mr. Dombrowski to complain that respondent had erred in            
          computing the amount of the Thompsons' overpayment.  After                  
          review of the matter, Mr. Dombrowski prepared a memorandum to               
          Mr. Bakutes dated September 17, 1993, requesting approval to                
          process an additional refund to the Thompsons of approximately              
          $32,000.  Mr. Dombrowski stated that, in calculating the prior              
          refund of $32,225, respondent had erroneously treated the $62,225           
          payment that the Thompsons made in June 1987 as a cash bond                 
          rather than an advance payment of tax.  Viewing the $62,225                 

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