- 63 - that they raise with respect to 1979. For the reasons stated above with respect to 1979, we reject their contention. Accordingly, we conclude that the start date for interest on the 1982 underpayment is April 15, 1983. Petitioners also contend as follows: Respondent seeks to recover two distinct obligations from Petitioners. The first obligation is a deficiency in tax, recoverable under IRC �6213 (along with interest mandated by IRC �6601). The second obligation is “refunded interest” erroneously paid to Petitioners, recoverable under IRC �7405 (with interest mandated only by IRC �6602). Petitioners further contend that respondent’s contentions as to the start date for 1979 and 1982 mask an impermissible attempt to recover erroneously refunded interest because the period of limitations for filing a suit under section 7405 has expired. See sec. 6532(b). We disagree. Respondent chose to proceed against petitioners under the deficiency procedures. As our analysis shows, the interest provisions applicable to these procedures lead to the interest starting dates contended for by respondent. We have no occasion to determine in the instant case whether respondent could properly proceed against petitioners under section 7405 and, if so, then what would be the effect of the section 6532(b) limitations provisions. In fact, respondent did not proceed under section 7405 and cannot be compelled to do so. The choice is respondent’s, not petitioners’. E.g., Beer v. Commissioner,Page: Previous 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Next
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