Nina H. Pettyjohn - Page 14




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               giving on your returns during processing could not be                  
               did [sic] within the authority of the Internal Revenue                 
               Code.                                                                  

                    Only mathematical or clerical errors are corrected                
               during the processing of returns in accordance with                    
               Internal Revenue Code section 6213(b). * * *                           

                    All other assessments of tax must be made by using                
               deficiency procedures which allow a taxpayer to                        
               exercise his/her appeal rights in cases where the                      
               taxpayer does not agree.  Therefore, tax issues that                   
               require any proof or documentation to be presented by                  
               the taxpayer may not be corrected during processing.                   

                 *       *       *       *       *       *       *                    

                    If you do not accept our findings, you may request                
               reconsideration with our Appeals Office.                               

                    Interest will continue to accrue on any unpaid                    
               liability.                                                             

               Petitioner exercised her administrative appeal rights.                 
          Thereafter, by letter dated August 4, 1999, an Appeals officer in           
          respondent’s Atlanta Appeals Office advised petitioner that                 
          “Based upon a thorough review of your case my preliminary                   
          evaluation is that no additional interest abatement is                      
          appropriate.”  The Appeals officer further wrote:                           
               Your position is that you should not be liable for                     
               interest for the reason that IRS did not challenge your                
               erroneous deductions for unsupportable charitable                      
               contributions for a number of years prior to the years                 
               for which you were audited.  I regret that this does                   
               not fall within the interest abatement provisions of                   
               the Internal Revenue Code.                                             

               Petitioner was given 15 days from the date of the letter to            






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Last modified: May 25, 2011