- 3 - Respondent’s service center processed petitioner’s return as though petitioner were entitled to the amount of the childcare credit claimed by him on Schedule 2. B. Disposition of the Claimed Overpayment At the time that petitioner filed his 1997 return, he was liable for unpaid income taxes for 1988 and 1989. Accordingly, in May 1998, respondent credited the $694 overpayment claimed by petitioner on his 1997 return against his 1988 liability.3 C. Petitioner’s Offer in Compromise On or about February 24, 1998, petitioner submitted an offer in compromise, Form 656, seeking to compromise his outstanding income tax liabilities for 1988 and 1989 in exchange for (1) the payment of a fixed amount of money and (2) agreeing to various terms and conditions. Respondent accepted petitioner’s offer in compromise on or about July 24, 1998. Paragraphs (g) and (j) of the offer in compromise provided in pertinent part as follows: (g) The IRS will keep any refund, including interest, due to me/us because of overpayment of any tax or other liability, for tax periods extending through the calendar year that the IRS accepts the offer.[4] * * * 3 So stipulated. Although the bookkeeping entries may have been made in May 1998, the transcripts of account for both the overpayment year (1997) and the liability year (1988) indicate that the credit was effective April 15, 1998. 4 Read literally, paragraph (g) would appear to entitle respondent to “keep” a taxpayer’s refund even if the amount thereof exceeded the taxpayer’s total outstanding liability that (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011