Robert Willis Barkley, Sr. - Page 3




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               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...)           




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