Joseph Paul Freije - Page 6

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          Freijes' 1997 account in the amount of $11,776 on July 8, 1998,             
          which amount exceeded all assessments for 1997.  As a                       
          consequence, respondent issued the Freijes a refund of $5,513 on            
          August 3, 1998.  At a time not disclosed in the record,                     
          respondent corrected the $10,000 error by reversing $10,000 of              
          the $11,776 previously credited.5  Subsequent remittances made by           
          the Freijes in 1999 without designation for any year, totaling              
          $6,500, were posted to their 1997 account as follows:  $1,800 on            
          May 26, 1999; $2,400 on June 16, 1999; $1,200 on July 9, 1999;              
          and $1,100 on July 26, 1999.                                                
               The Freijes timely filed a joint Federal income tax return             
          for the 1998 taxable year (1998 return) reporting a tax due of              
          $11,686 and no withholding credits or estimated tax payments.               
          (The Freijes' actual withholding credits for 1998 were $4,094.)             
          A payment of $3,000 was sent with the 1998 return.  Subsequent              
          remittances of $1,000 and $1,587 were credited against their 1998           
          liability on April 19 and October 27, 1999, respectively.                   




               4(...continued)                                                        
          reported as due on the 1997 return.                                         
               5 While this reversing entry is dated July 8, 1998, on the             
          Freijes' Form 4340, Certificate of Assessments, Payments, and               
          Other Specified Matters, for 1997, we conclude that it did not              
          occur on that date, as the refund triggered by the erroneous                
          posting of this amount was issued almost 1 month later.  We are             
          persuaded that respondent did not become aware of the error until           
          sometime after this refund was issued to the Freijes.                       





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