- 20 - The presence of an admission, express or implied, serves as direct proof that the taxpayer was not contesting liability. But absence of an admission, while not conclusive proof of a contest, certainly leaves a gap in petitioner’s proof * * * [Id. at 654.] There are a number of court opinions involving a variety of factual situations and the question of whether accrual basis taxpayers' liabilities with regard to tax adjustments and the related statutory interest should be regarded as sufficiently settled, as fixed and definite, and whether the amounts thereof were determinable with reasonable accuracy, or whether the taxpayers' liabilities therefor should be regarded as contingent and contested. A number of courts have defined a contest narrowly and have suggested that affirmative acts by taxpayers which establish clearly the existence of the contest should be present in order for the asserted tax liabilities to be regarded as contested. In Hollingsworth v. United States, 215 Ct. Cl. 328, 568 F.2d 192, 202-203 (1977), a dispute with a State agency, not with respondent, over a change in method of accounting and what was regarded merely as a “naked suggestion” (not as an objection) by the taxpayer to respondent that a proposed adjustment not be made until a following year were treated as not rising to the level of a contest with respondent over the related income tax deficiency and interest.Page: Previous 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Next
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