John G. Goettee, Jr. and Marian Goettee - Page 60




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               Putting it another way, as a result of the carryback(s),               
          petitioners were deemed to have an overpayment as of January 1,             
          1982.  As a result of the parties’ settlement in the deficiency             
          litigation, it developed that petitioners were not entitled to              
          the bulk of that overpayment.  Because the overpayment and                  
          interest were calculated with a starting date of January 1, 1982,           
          the resulting underpayment and interest also are calculated with            
          a starting date of January 1, 1982.                                         
               Petitioners’ contention that interest does not begin to                
          accrue until the date respondent issued to petitioners the refund           
          appears to hinge on the fact that they did not have actual use of           
          respondent’s money until the date respondent issued the refund.             
               Interest has been defined as compensation for the use or               
          forbearance of money.  Deputy v. du Pont, 308 U.S. 488, 498                 
          (1940).  In this sense, the payment of interest serves as a proxy           
          for actual use of the money.  Petitioners received interest on              
          their 1979 refund which began to accrue as of January 1, 1982.              
          Consistent with the definition of interest, petitioners are                 
          treated as having had the use of respondent’s money (i.e., what             
          the parties agreed in their settlement papers was respondent’s              
          money) as of January 1, 1982, even though they did not have                 
          actual use of the refunded dollars until respondent issued the              
          refund for 1979.                                                            








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