- 7 - mean “fair”. As we view the matter, when used in the context of interest, the plain meaning of the word “excessive” takes into account the concept of what is fair, or more appropriate here, unfair. According to petitioner, it would be unfair to hold it liable for any amount of interest in excess of the erroneous payoff amount provided by respondent in January 1997.4 Petitioner’s position extends to all of the unpaid interest related to its employment tax liability for the fourth quarter of 1993, but we think it is more appropriate to focus on petitioner’s position as it relates to specific periods over which the interest accrued. Cf. Donovan v. Commissioner, T.C. Memo. 2000-220. 4 Petitioner’s position implicitly suggests that the obligation to keep track of its employment tax liability (including interest) was respondent’s, rather than its own. Neither party expressly addressed this point, and, in the absence of a disagreement between the parties, we likewise decline to do so. Nevertheless, under the circumstances of this case, we proceed as though petitioner could, and did, reasonably expect that the information provided by respondent’s employee was accurate. Cf. Krugman v. Commissioner, 112 T.C. 230 (1999) (respondent conceded that the Government’s failure to provide a taxpayer with the correct payoff amount was an appropriate ground for an interest abatement); Douponce v. Commissioner, T.C. Memo. 1999-398 (holding that, where the Government mistakenly provided a taxpayer with an incorrect payoff amount, the Government’s failure to abate some of the interest that accrued thereafter was an abuse of discretion).Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011