Ronald C. Bachner - Page 2

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               Dennis P. Craig, for petitioner.                                       
               Edward J. Laubach, Jr., for respondent                                 

                                       OPINION                                        

               RUWE, Judge:  This case is before the Court on remand from             
          the U.S. Court of Appeals for the Third Circuit for further                 
          consideration consistent with its opinion in Bachner v.                     
          Commissioner, 81 F.3d 1274 (3d Cir. 1996), affirming our decision           
          regarding petitioner's 1985 tax year and remanding with respect             
          to petitioner's 1984 taxable year.  Subsequent to the remand of             
          this case, the parties filed a supplemental stipulation of facts            
          and briefs relating to the issue on remand.                                 
               The issue for decision on remand is whether there is an                
          "overpayment" of petitioner's income tax for the taxable year               
          1984 and, if so, the amount.                                                

                                     Background                                       

               In 1984 and 1985, petitioner was employed as a laboratory              
          technician by the Westinghouse Electric Corp.  In November 1984,            
          petitioner sent the first of three letters to the Internal                  
          Revenue Service, all requesting assurance that his filing of a              
          tax return would not cause him to be treated as having                      
          "relinquished" any of his constitutional rights.  The District              
          Director responded with letters emphasizing that the Internal               




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