John G. Goettee, Jr. and Marian Goettee - Page 54




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          overpayment, and, in order to do so, we have jurisdiction to                
          redetermine the correct amount of the interest on their original            
          underpayments.                                                              
               Petitioners assign a number of errors to respondent’s                  
          interest computations.  We consider each of petitioners’                    
          contentions in turn.                                                        
          A.  Start Dates                                                             
               The parties agree that June 7, 1982, the date respondent               
          issued to petitioners their 1981 refund, is the correct start               
          date for 1981.  The parties disagree as to what are the correct             
          start dates for 1979 and 1982.                                              
          1. 1979                                                                     
               Relying on Avon Products, Inc. v. United States, 588 F.2d              
          342 (2d Cir. 1978), petitioners contend that June 28, 1982, the             
          date respondent issued to petitioners a refund for 1979 plus                
          interest thereon, is the correct start date for 1979 because                
          petitioners did not have the use of respondent’s money before               
          that date.  Relying on Rev. Proc. 94-60, 1994-2 C.B. 774,                   
          respondent contends that January 1, 1982, the date respondent               
          began to accrue interest on petitioners’ overpayment, is the                
          correct start date for 1979.  Respondent maintains that this                
          approach “comports with” Avon Products, Inc. v. United States,              
          supra.                                                                      
               We agree with respondent’s conclusion.                                 






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