- 7 - B. Interest Income Petitioners admitted at trial that they received a refund check from respondent in 1997 and that such check pertained to the taxable year 1993. However, petitioners contend that they did not receive any interest. In this regard, petitioners rely on that part of the respondent’s notice dated October 6, 1997, stating: “Amount Of Interest You Earned on Overpayment ... $.00". According to petitioners, this statement demonstrates that they neither received nor were credited with any interest on their 1993 overpayment of income tax. We disagree. Petitioners read the notice dated October 6, 1997, myopically. That notice clearly states that in addition to the $351.59 of tax that petitioners would receive as a refund, “Any Interest Due You Will Be Added”. In that regard, the record clearly demonstrates that respondent did, in fact, “add” interest to petitioners’ refund, specifically $311.84, which was part of the $663.43 check that was issued on or about October 6, 1997. Accordingly, we hold that petitioners failed to report interest income in the amount of $311.84. Respondent’s determination is sustained. Reviewed and adopted as the report of the Small Tax Case Division.Page: Previous 1 2 3 4 5 6 7 8 9 Next
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