- 24 - section. Section 6404(e)(2) provides, in pertinent part, that the Commissioner: shall abate the assessment of all interest on any erroneous refund * * * until the date demand for repayment is made, unless-- (A) the taxpayer (or a related party) has in any way caused such erroneous refund * * *. Petitioner contends that the refunds that she received for the taxable years 1988 through 1995 were erroneous. What petitioner ignores, however, is that she precipitated the receipt of those refunds by filing income tax returns that claimed overpayments of income tax. Petitioner would apparently have respondent examine every return that claims an overpayment before issuing a refund check. Such an approach would be administratively impracticable, if not impossible. In any event, the law does not require the Commissioner to take such an approach; rather, the law requires taxpayers to take responsibility for their returns, something petitioner appears loath to do. E. Conclusion We hold that respondent did not abuse his discretion in refusing to abate interest on the deficiencies in income taxes for any of the years in issue. Accordingly, Decision will be entered for respondent.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24
Last modified: May 25, 2011