Dwight L. McKenna and Beverly S. McKenna - Page 29

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                  Petitioner subsequently filed a pro se application seeking                            
            issuance of a writ of habeas pursuant to 28 U.S.C. sec. 2255.  On                           
            July 29, 1993, U.S. District Judge Schwartz entered an Order and                            
            Reasons denying petitioner's motion.  Petitioner appealed the                               
            District Court's denial of his motion under 28 U.S.C. sec. 2255                             
            to the Court of Appeals for the Fifth Circuit.  On June 3, 1994,                            
            the Court of Appeals filed its opinion affirming the District                               
            Court's denial of petitioner's motion.                                                      
            Amended Returns Prepared by Petitioners and Their Additional Tax                            
            Payments.                                                                                   
                  On June 29, 1992, the Internal Revenue Service received                               
            Forms 1040X, Amended U.S. Individual Income Tax Returns, for                                
            petitioners' 1987 and 1988 tax years.  The 1987 Form 1040X                                  
            reflected additional income in the amount of $177,285, and the                              
            1988 Form 1040X reflected additional income in the amount of                                
            $191,979.  The Internal Revenue Service Center rejected both the                            
            1987 and 1988 Forms 1040X and did not file them because                                     
            petitioners did not sign them.                                                              
                  On June 29, 1992, the Internal Revenue Service received,                              
            along with unsigned amended returns (Forms 1040X), petitioners'                             
            voluntary payments in the following amounts:                                                
            Taxable           Designated Payment             Designated Payment                         
            Year               of Tax                  of Interest                                      
            1987              $93,548.78               $38,011.24                                       
            1988               61,533.72                19,618.23                                       







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