Christine A. Dormer - Page 18

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               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.                                                            








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