- 3 - tax year there remained a balance due of $1,659.38 which consisted solely of interest. Although the March 27, 2003, payment was made during the pendency of petitioner’s appeal, apparently neither party brought this payment (or the satisfaction of petitioner’s 1987 tax year) to the attention of the Court of Appeals, nor does it appear that the Court of Appeals took it into account. Furthermore, the satisfaction of petitioner’s 1987 tax year was not brought to the Court’s attention until after the second trial of this case in 2006. On October 13, 2004, the Court of Appeals issued its mandate vacating and remanding the decision of this Court. In remanding this case to this Court for further proceedings, the Court of Appeals ordered that such a proceeding should be confined to consideration of the following issues (the four issues): (a) Whether petitioner’s 1993 tax refund was sent to him by the Internal Revenue Service (IRS) in 1994; (b) if not, whether petitioner timely received notice from the IRS that his refund had not been applied to his 1987 and 1989 tax deficiencies; (c) if not, whether petitioner’s current tax liability should be consequently adjusted by, inter alia, an abatement of interestPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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