John G. Goettee, Jr. and Marian Goettee - Page 63




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          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,             





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