Barry S. Michelson - Page 2

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           Petitioner          Deficiency    Sec. 6651(a)(1) Sec. 6654(a)             
           Barry Michelson     $979          $244.75          -0-                     
           Shelley Michelson   50,870        8,168.00         $1,450                  
          Pursuant to respondent's uncontested motion, the cases have been            
          consolidated for "trial, briefing and opinion."  At issue is                
          whether either petitioner is entitled, under sections 6402 and              
          6511(a), to a refund of overpayment of taxes withheld from                  
          petitioner Shelley A. Michelson's wages, dividends, and interest.           
          Petitioners will sometimes be referred to simply as Barry and               
          Shelley, respectively.  The facts have been stipulated.1  Unless            
          otherwise indicated, all section references are to the Internal             
          Revenue Code in effect for the year in issue.                               
               Petitioners are husband and wife.  They resided in Stamford,           
          Connecticut, when they filed their respective petitions in these            
          cases.  Petitioners filed a timely request for an automatic 4-              
          month extension of time to file their 1991 return.  As a result             
          of the extension, their return was due on August 15, 1992, a                
          Saturday.  The following Monday, August 17, 1992, was not a legal           
          holiday in the District of Columbia or the State of                         



          1The Court ordered simultaneous briefs.  However, although                  
          the Government filed its opening brief, the Court has been                  
          informed that petitioners do not intend to file any brief.                  







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