- 4 - then recalculated petitioners’ tax liability as $3,679 and, in July 2000, issued a refund check in the amount of $580.99.5 Upon receiving the refund check, petitioners questioned the matter by contacting one of respondent’s representatives at an “800 number”. The representative agreed with petitioners that respondent had made a mistake and requested that petitioners return the refund check. Petitioners did so. However, a couple of months thereafter, by letter dated September 7, 2000, another of respondent’s representatives advised petitioners as follows: We received the returned refund check for $580.99. Our records show you incorrectly figured your pensions and annuities as taxable social security. The refund is correct and will be reissued. If you have any questions, please call Ms. Robbin Cooley * * * . Petitioners contacted Ms. Cooley, who insisted that petitioners had incorrectly reported their Social Security benefits as taxable. Thereafter, upon receipt of the second refund check, petitioners cashed it. Ultimately, well over a year later, respondent concluded that petitioners had correctly reported their Social Security benefits and that respondent had erred in issuing petitioners a 5 The amount of $580.99 was calculated as follows: Liability reported and paid per return $4,256.00 less: Liability as recalculated by respondent -3,679.00 Decrease in tax 577.00 plus: Interest due petitioners 3.99 Amount of refund check 580.99Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011