- 161 - Appeals Office requesting that the Cravens cases be closed in accordance with special closing instructions. The intent of these instructions as stated in the memorandum was "to cause the taxpayers' 1979 and 1980 accounts to zero out with no further amounts due." This was to be accomplished by adjusting the interest that would otherwise have become due on the assessments made in accordance with the stipulated decision previously entered by the Tax Court on August 25, 1992. The memorandum explained the proposed interest adjustment as follows: The amount of interest being assessed has been adjusted because the decision document tendered to petitioners and subsequently filed with the Court in settlement of this case did not comport with District Counsel's 1986 settlement offer. The settlement offer provided that the first year deficiency would be shifted to the second year. Accordingly, there would have been no deficiency for 1979 and the deficiency for 1980 would have been increased to $9,782 ($3,606 + $6,176). The amount of interest being assessed has been adjusted because this provision was not included in the decision documents and because the decision documents in this case were not promptly prepared and filed with the Tax Court in December 1986 when the case was settled. The balance of the adjustment relates to computational errors in District Counsel's original computation of the amounts due. The authority stated in the memorandum for reducing the amounts due from the Cravenses was section 6404(a)(1), relating to excessive assessments, and section 6404(e)(1), relating to abatement of interest. As mentioned supra note 2, the Court of Appeals for the Ninth Circuit held that the Cravens decisions became final pursuant to section 7481(a)(1), despite the attempts by Messrs.Page: Previous 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 Next
Last modified: May 25, 2011