Nina H. Pettyjohn - Page 24




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          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.                          





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