Jerry and Patricia A. Dixon, et al - Page 75




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          payment as an advance payment of tax, Mr. Dombrowski concluded              
          that the Thompsons were entitled to interest on the resulting               
          overpayment.                                                                
               Mr. Bakutes approved Mr. Dombrowski's request.  Shortly                
          thereafter, Mr. Dombrowski requested the Fresno Appeals Office to           
          adjust the Thompsons' account, resulting in the Thompsons'                  
          receipt of a third refund check, dated October 22, 1993, for                
          $32,116.68.                                                                 
               In November 1993, the Thompsons received a fourth refund               
          check for $4,107.93 with respect to their overpayment for the               
          taxable years 1979, 1980, and 1981.  Presumably this check                  
          reflected a refund of the overpayment of approximately $2,045               
          (with interest) that arose from the Thompsons' December 1986                
          payment of $59,545.                                                         
               In sum, the Thompsons were refunded $98,449.61 of the                  
          $121,770 that they paid for the taxable years 1979, 1980, and               
          1981.  Of the $98,449.61 in refunds, the Thompsons assigned                 
          $62,225 to DeCastro Law Corp.                                               
               As mentioned supra note 2, the Court of Appeals for the                
          Ninth Circuit held that the Thompson decisions became final                 
          pursuant to section 7481(a)(1), despite the attempts by Messrs.             
          Sticht and Izen to appeal those decisions on behalf of nontest              
          case petitioners who sought to intervene.                                   







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