- 4 -
overpayment was applied against a 1983 tax liability. The
tax was filed in March 1988. Interest was not applied to
the overpayment of $3,734.66. Consequently, interest should
be refunded for the period 4-5-83 to 3-4-88 and interest on
the accrued interest from 3-4-88 to present. Apply proceeds
to 1982 deficiency.
Further explanation was provided as follows:
A 1983 tax liability was partially offset by a 1982 tax
overpayment of $3,734.66. Since the 1983 tax was filed on
3-4-88, interest should have accrued from 4-15-83 to 3-4-88.
The attached 1983 1040 reflects the amount applied from the
1982 1040 return and the filing dates. Interest is due to
the taxpayer on $3,734.66 from 4-15-83 to 3-4-88 and on the
accrued interest from 3-4-88 to present. This claim is
being filed at this time since the account has been frozen
as the result of a 1982 tax shelter recently concluded. All
proceeds will apply to the 1982 deficiency.
Respondent made a final determination that petitioner was not
entitled to the abatement of interest.
Discussion
In his petition to this Court, petitioner argued in relevant
part:
The Petition for Review of Failure to Abate Interest
under Code Section 6404 covers tax year 1982 for which a
Notice of Determination was issued and tax years 1980 and
1981 to which 1982 overpayment funds were erroneously
transferred. The Commissioner of Internal Revenue abused
discretion through actions in violation of IRC Section 6404
in the tax year directly at issue (1982) as well as in tax
years 1980 and 1981 which were recipients of erroneous funds
transfers, erroneous deficiency and interest calculations
and unreasonable delays.
The remainder of the petition contained factual and legal
allegations meant to provide examples of “erroneous actions,
calculations and delays”.
Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011