Jerry and Patricia A. Dixon, et al. - Page 91

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          reduced to $62,225 and then $32,225).  Dombrowski requested                 
          “audit assistance”, which he received from George Guzzardo                  
          (Guzzardo), an appeals auditor in respondent’s San Diego office,            
          in determining whether the Thompsons were entitled to the                   
          requested interest.  Guzzardo determined that the Thompsons’                
          $63,000 remittance on June 17, 1987, was an advance payment                 
          rather than a cash bond.  The distinction is important:  An                 
          advance payment resulting in an overpayment entitles the taxpayer           
          to interest on the overpayment; conversely, a cash bond does not            
          earn interest.  Having concluded that the previously refunded               
          $62,225 was an advance payment, Guzzardo determined that the                
          Thompsons were entitled to additional interest of $31,511.17 as             
          of July 31, 1993.  Dombrowski did his own computations, and then            
          asked Jean Samuels (Samuels), an experienced appeals auditor, to            
          check his and Guzzardo’s figures.  Samuels advised that in the              
          main she agreed with both Guzzardo’s and Dombrowski’s                       
          calculations.  Relatively small differences in their results were           
          attributable to their use of different dates for the accrual of             
          interest.24                                                                 
               On September 17, 1993, Dombrowski sent Bakutes a memorandum            
          requesting approval to refund the interest on the Thompsons’                


          24Samuels saw that the refund included some previously                      
          deducted interest, thus producing tax benefit income, but stated            
          in her memorandum to Dombrowski, “Most taxpayers would probably             
          either not know or not remember to include this [tax benefit                
          income] in income, since they won’t get a Form 1099 for it.”                




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