Raymond Wright - Page 15

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          interest systematically and manually assessed for 1989 on                   
          petitioner’s tax account, after an alleged abatement of interest,           
          was $8,144.50.  In his August 28, 2006, status report, respondent           
          alleged that as of that date the outstanding balance due (i.e.,             
          interest due) on petitioner’s 1989 tax account was $1,659.38.               
               Petitioner’s testimony (at both trials) was credible.  He              
          consistently testified and averred that he did not receive his              
          1993 refund.  Respondent contended, however, that petitioner                
          received his 1993 refund in 1995.  The documentary and                      
          testimonial evidence respondent offered was contradictory,                  
          contained numerous errors, and lacked credibility.  Furthermore,            
          this contention is a concession by respondent that petitioner was           
          correct and that respondent did not send the 1993 refund to                 
          petitioner in 1994.                                                         
               Accordingly, with regard to the first question posed by the            
          Court of Appeals--whether the IRS sent petitioner his 1993 tax              
          refund in 1994--we conclude that it did not.  Furthermore, we               
          conclude that respondent never sent petitioner his refund for               
          1993.                                                                       
               In his June 17, 2005, motion for summary judgment,                     
          respondent did not answer the second and third questions posed by           
          the Court of Appeals--if not, whether petitioner timely received            
          notice from the IRS that his refund had not been applied to his             
          1987 and 1989 tax deficiencies; and if not, whether petitioner’s            






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