Robert Wish and Erin Wish Riehs - Page 10




                                       - 10 -                                         
          that their 1985 and 1988 amended returns were referred for                  
          examination on November 19, 1990, but Examiner Kruse delayed the            
          examination until January 3, 1992, when he first contacted                  
          petitioners.  Petitioners also argue that the period involved in            
          transferring petitioners’ files from Examiner Kruse’s office to             
          Appeals (September 23, 1992, to December 3, 1992) was excessive.            
          Additionally, petitioners claim that between January 1993 and               
          April 29, 1993, respondent was dilatory in forwarding their files           
          from Appeals to Agent Bose.  Further, petitioners argue that from           
          May 1993 to October 1994, Agent Bose reaudited the amended                  
          returns instead of simply issuing the RAR.  Because petitioners             
          intended to apply the anticipated refund as payment for any                 
          liabilities outstanding as to the 1981 tax year, petitioners                
          claim that the alleged errors or delays in the refund claim for             
          1985 relate to the 1981 tax year.  Accordingly, petitioners                 
          contend that they are entitled to an abatement of interest under            
          section 6404(e) as to the 1981 tax year.                                    
               Respondent counters that no errors or delays in performing             
          ministerial acts occurred during the processing of the refund               
          claim for 1985.  Further, respondent argues that even if any such           
          errors or delays were committed, petitioners cannot be allowed an           
          abatement of interest for the 1981 tax year under section 6404(e)           
          with regard to such errors or delays.  In other words, respondent           
          claims that the errors or delays were not associated with the               






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