- 5 - Form 4549-CG and the check. Respondent applied the payment to petitioners’ 1993 account, allocating $8,031 to the income tax deficiency and $2,301 to accrued interest. On March 5, 1997, petitioners filed a claim for refund and request for abatement of interest assessed and paid with respect to their 1993 income tax deficiency. In their claim, petitioners explained that, when their 1993 return was prepared and filed, existing legal precedent supported the position taken on their return. Petitioners argued that it was only after the Supreme Court decided Schleier on June 14, 1995, that the precedent on which they reasonably relied was overruled. Since, in their view, they complied with the law as it existed when their 1993 return was filed, petitioners asserted that the income tax deficiency was not their fault, and they should not have to pay interest on the deficiency for the period prior to June 14, 1995, when Schleier was decided. Respondent disallowed petitioners’ claim in a Notice of Final Determination dated March 19, 1999, and this proceeding followed. Discussion Section 6404(e), as in effect for 1993, authorizes respondent to abate all or any part of an assessment of interest on (1) any deficiency attributable in whole or in part to any error or delay by an employee of the Internal Revenue Service,Page: Previous 1 2 3 4 5 6 7 8 9 Next
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