- 13 - and a $2,844 refund for 1982 (and any interest that accrued on the overpayments and refund) would have been available to pay petitioners’ 1980 tax liability. Petitioners decided to fully pay their White Rim tax liabilities in 1987. In 1987, petitioners reasonably believed that, after they filed their amended returns and respondent applied overpayments to their 1980 year, they had paid amounts substantially equal to the total tax liabilities arising from their investment in White Rim for 1980-83, including the $39,599 deficiency respondent had determined for 1980. Petitioners’ belief on this point was reasonable as shown by the fact that, in August 1998, after respondent processed the amended returns, respondent applied a $74,537 credit to petitioners’ 1980 tax year. The pendency until 1998 of petitioners’ 1980 Tax Court case has no bearing on the interest abatement issue here because petitioners reasonably believed that they had already paid the tax they owed for 1980. We conclude that respondent’s loss of petitioners’ 1981-82 amended returns from 1987 to 1998 caused them to delay paying their 1980 tax until 1998. The situation in this case is analogous to that in Douponce v. Commissioner, T.C. Memo. 1999-398, where the Court held that the Commissioner’s failure to provide a taxpayer with a correct payoff amount was a ministerial error that warranted thePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
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