- 18 - Specifically, the record does not reflect that the $4,244.75 figure was ever represented as other than the “payoff” amount for petitioner’s income tax liability, exclusive of penalties, additions to tax, or interest. Each of the foregoing four items appears to have been considered and treated independently by respondent throughout the administrative process. At the hearing, for instance, resolution of the tax liability by means of a 25-percent reduction was discussed, while resolution of the accuracy-related penalty focused on abatement in full. A separate basis for settlement was thus proposed for the two items broached at the conference. Conversely, both a section 6651(a) addition to tax and interest were assessed as of the date of the hearing, but neither was addressed. Moreover, since these items are not penalties, there exist no grounds for claiming that respondent represented they would be abated in full. Likewise, because the $4,244.75 figure was computed by reducing petitioner’s $6,997 tax liability (which amount did not include interest, etc.) by 25 percent and then crediting 2001 refunds of $1,003, respondent by this calculation would not have represented, and would in fact have countered any notion, that the addition to tax or interest was incorporated in the liabilities to be settled by the 75-percent “payoff” amount.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011