Thomas J. and Robin Havens - Page 3




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               Petitioners' mathematical error at line 21 of Form 1040A was            
          detected by respondent's Cincinnati Service Center during the                
          initial processing of petitioners' income tax return.  After                 
          identifying the mathematical error on petitioners' return, the               
          Cincinnati Service Center mailed petitioners a Correction Notice             
          dated March 18, 1996, indicating a refund of $2,616.41 was due               
          petitioners.                                                                 
               Soon thereafter, petitioners received a refund check for                
          $2,616.41 from respondent.  Petitioners contacted the Service                
          Center to ensure that they were entitled to the additional $1,352            
          of refund, and after being assured that the amount was correct,              
          they proceeded to cash the refund check and spend the proceeds.              
               On November 25, 1997, respondent issued a notice of                     
          deficiency, determining that petitioners had failed to report                
          $1,640 of wage income received by petitioner wife.  This                     
          adjustment resulted in $248 of additional tax and a recapture of             
          earned income credit in the amount of $334.3                                 
                                       OPINION                                         
               Petitioners contend that they did not report petitioner                 
          wife's wage income because they were told by Ms. Havens that                 
          petitioner wife qualified as a dependent of petitioner husband               


          3  Petitioners do not contest that the recapture of the                      
          earned income credit is purely a mechanical matter dependent upon            
          the disposition of the issue herein involved.                                




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