- 6 - protect the revenue. See United States v. Powell, 379 U.S. 48, 54-56 (1964); Collins v. Commissioner, supra. It is not to be read so liberally as to defeat the powers granted to the IRS to examine the correctness of taxpayers’ returns. See De Masters v. Arend, 313 F.2d 79, 86-87 (9th Cir. 1963). Petitioners did not include any of their Tier 2 railroad retirement benefits in the gross income reported on their 1997 return, and they incorrectly included all of their Tier 1 benefits. They now acknowledge that 85 percent of their Tier 1 benefits are includable in gross income, and they do not dispute that their Tier 2 benefits are taxable in the same manner as pension benefits. Petitioners do not suggest that the IRS properly accounted for these items in its previous adjustments to their return. Therefore, respondent did not subject petitioners to an unnecessary examination. Further, nothing in the record suggests that respondent ever examined or inspected petitioners’ books of account. The IRS first corrected a mathematical error made by petitioners on their return. In response to petitioners’ request for assistance, the IRS then attempted to provide petitioners with a completed Form 1040 calculating their income tax liability. It appears that the IRS realized that the return it had completed was incorrect when it matched petitioners’ return with information returns received from the Railroad Retirement Board. Based on this review, thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
Last modified: May 25, 2011