- 4 -
After concessions by both sides,2 there are two categories
of issues for decision, as follows:
(1) Whether respondent’s failure to abate interest for
certain time periods constitutes an abuse of discretion.
(2) Whether respondent’s interest computations are
correct.
FINDINGS OF FACT
Some of the facts have been stipulated; the stipulations and
the stipulated exhibits are incorporated herein by this
reference.
When the petition was filed in the instant case,
petitioners, John G. Goettee, Jr. (hereinafter sometimes referred
to as John), and Marian Goettee (hereinafter sometimes referred
2 As noted supra, petitioners concede as to interest on
underpayments for 1983.
Respondent concedes that respondent underabated the amount
of interest for the period Oct. 4, 1995, through Sept. 20, 1996.
The parties agree that there remain overassessments for 1981
and 1982. Respondent contends that insufficient interest was
assessed as to underpayments for 1979, but concedes that no
additional amounts of interest are to be assessed against
petitioners.
Other concessions are discussed infra in connection with the
issues to which the specific concessions relate.
Respondent concedes that a Rule 155 computation will be
necessary.
Unless indicated otherwise, all Rule References are to the
Tax Court Rules of Practice and Procedure.
Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011