- 12 - not require any judgment or discretion on the part of the ACS employee. As a result of the information they received during the second call, petitioners made payments according to the installment agreement. They made the monthly $225 payments without fail and paid $1,345.84 at the end of the installment period in order to release the lien. We cannot assume that petitioners would not have made earlier or larger payments to avoid the accrual of interest had the ACS employee made clear the correct amount due. Indeed, petitioners paid what they believed was $895.85 more than they were required to pay in order to remove the lien. Their subsequent act of claiming a refund of this amount further supports their position that they believed their total tax liabilities were extinguished after making 36 payments of $225. Therefore, we find that the ACS employee’s error in misinforming petitioners caused a delay in payment by petitioners. We now must decide the appropriate period during which interest should have been abated. The first monthly statement that petitioners received was dated December 11, 1996. Petitioners’ notes indicate that they made the payment for that month on December 22, 1996. The second call was made sometime between December 11 and December 22. Because petitioners have not provided an exact date on which the second call was made, wePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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