- 2 - Respondent determined a deficiency of $500 in petitioner’s 2000 Federal income tax. The issue is whether an erroneous refund issued to petitioner is a gift from respondent. Petitioner resided in Huber Heights, Ohio, at the time the petition was filed. This case was submitted fully stipulated under Rule 122, and the applicable facts may be summarized as follows.2 In preparing his 2000 Federal income tax return, petitioner, on line 6c(1) of Form 1040A, U.S. Individual Income Tax Return, listed “Yancy L. Young” as his dependent and checked Box 6c(4) showing Yancy as a qualifying child for the child tax credit. Petitioner, however, did not claim a child care credit on the return. Respondent recalculated petitioner’s tax liability to reflect the child tax credit and refunded $500 to petitioner. Subsequently, respondent examined petitioner’s return and disallowed the child tax credit because Yancy was not a qualifying child. Petitioner concedes that he is not entitled to the child tax credit.3 Petitioner contends that respondent’s erroneous refund was a gift to him. While respondent has the authority to make a 2 The facts are not in dispute and the issue is primarily one of law. Sec. 7491, concerning burden of proof, has no bearing on this case. 3 A deficiency exists because the erroneously issued refund is considered a rebate under sec. 6211(a)(2). Laughlin v. Commissioner, T.C. Memo. 1993-122.Page: Previous 1 2 3 4 Next
Last modified: May 25, 2011