Raymond Wright - Page 13

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          respondent through the handling of petitioner’s 1987 and 1989 tax           
          years.                                                                      
               For example, respondent represented to the Court that as of            
          the date of the filing of his reply brief following the trial of            
          this case in 2002 respondent had abated the interest associated             
          with petitioner’s withholding credit for 1989.  Wright v.                   
          Commissioner, T.C. Memo. 2002-312 n.9.  On the basis of                     
          respondent’s proffer, we stated:  “The record does not contain              
          evidence that the aforementioned interest has been abated;                  
          therefore, we will incorporate respondent’s concession of this              
          issue into our decision.”  Id.  Respondent’s proffer to the                 
          Court, however, was a misstatement.  As the Court of Appeals                
          stated:                                                                     
               We also observe that Wright was entitled to receive an                 
               additional interest abatement based on the IRS’s                       
               failure to give him a proper withholding credit of                     
               $278.00 in 1989.  The Tax Court’s decision stated that                 
               the IRS had represented that statutory interest related                
               to this withholding credit would be abated.  Wright II,                
               2002 Tax Ct. Memo LEXIS 332 at *16 n. 9, 2002 WL                       
               31875118.  Although the IRS assures us that an interest                
               abatement has been credited to Wright for this 1989                    
               withholding credit, it has made no effort either to                    
               substantiate this claim in the appellate record or even                
               to describe the amount of the abatement.  [Wright v.                   
               Commissioner, 381 F.3d at 46 n.2.]                                     
               During the appeal and remand, respondent and respondent’s              
          witnesses recounted numerous errors regarding the handling of               
          petitioner’s 1987 and 1989 tax years--and oftentimes neither                
          respondent nor the witness could account for how those errors               






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