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On October 29, 2002, because of the reversal of the
conversion of his IRA account back into a traditional IRA and
because petitioner no longer had an obligation to report in his
2001 income the earnings from his IRA, petitioners filed with
respondent an amended 2001 joint Federal income tax return
reflecting gross income less the $55,065 in 2001 IRA earnings.
This reduction in income created a $13,769 tax overpayment that
petitioners claimed as a refund (refund claim).
On July 24, 2003, in response to questions about
petitioners’ refund claim, petitioner met with respondent’s
Compliance Division officer and her supervisor. Both of
respondent’s employees erroneously informed petitioner that
petitioner’s reversal of his IRA account back into a traditional
IRA was untimely and therefore that petitioners’ refund claim
would be disallowed.
Also on July 24, 2003, respondent’s Compliance Division
mailed to petitioners a claim disallowance letter disallowing
petitioners’ refund claim and stating that petitioners could
appeal the disallowance to respondent’s Appeals Office.
On September 4, 2003, petitioners’ accountant requested from
respondent’s National Office of Chief Counsel a determination as
to whether petitioners, on their amended 2001 tax return, timely
2(...continued)
due date (including extensions) for the year in which the
conversion took place.
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Last modified: November 10, 2007