John G. Goettee, Jr. and Marian Goettee - Page 61




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               However, the period beginning January 1, 1982, includes a              
          12-day period--June 16-28, 1982--during which respondent had the            
          money and for which respondent did not pay interest to                      
          petitioners.  On brief, each side vigorously disputes the other             
          side’s contentions as to this 12-day period.  When we clear away            
          the parties’ language of conflict, it appears that both sides               
          contend that petitioners are not liable for any interest on                 
          account of this 12-day period.  We conclude that the “use of                
          money” principle leads to the result that both sides contend is             
          the correct result.  The parties are to give effect to this                 
          conclusion in the computations under Rule 155.                              
               We hold for respondent that interest on the 1979                       
          underpayment begins to accrue on January 1, 1982, but does not              
          accrue for the period June 16-28, 1982.                                     
               2.  1982                                                               
               Petitioners’ refund for 1982 was not attributable to a                 
          carryback.  Accordingly, the date of petitioners’ overpayment for           
          1982 is the first date when the amount of petitioners’ payments             
          in respect of 1982 exceeds the amount of their liabilities for              
          1982.  Sec. 301.6611-1(b), Proced. & Admin. Regs.24  Petitioners’           


               24  Sec. 301.6611-1, Proced. & Admin. Regs., provides, in              
          pertinent part, as follows:                                                 
               SEC. 301.6611-1.  Interest on overpayments.--                          
                        *     *     *     *     *     *     *                         
                                                             (continued...)           





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