Harold and Doreen Silk - Page 4

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          draft return, together with a letter dated April 4, 1996, to                
          respondent.                                                                 
               Petitioners no longer have a copy of the so-called draft               
          return.  However, at trial, petitioners introduced a copy of the            
          April 4, 1996 letter that allegedly accompanied the so-called               
          draft return.                                                               
               Petitioner’s April 4, 1996 letter stated, in part as                   
          follows:                                                                    
                    Our tax return for the tax year 1995 is being                     
               filed using TurboTax software and the return is printed                
               using the program.  The enclosed return is submitted,                  
               although there appears to be a flaw in the program that                
               prevents us from representing operating losses for 1995                
               and working these losses into the calculations for                     
               correctly determining our tax obligations. * * * But we                
               know we have sustained significant operating losses                    
               during 1995 and are now attempting to accurately                       
               ascertain their value and declare our intention to                     
               carry forward those losses into future tax years.  When                
               our data collection is complete, an amended return will                
               be filed to correctly adjust our return(s).                            
               Respondent did not receive either the so-called draft return           
          or the April 4, 1996 letter.                                                
               On or about April 3, 1996, petitioners filed an application            
          for an extension of time to file their 1995 return.  The                    
          application was consistent with petitioners’ actions taken in               
          prior taxable years.  Respondent received petitioners’                      
          application for extension.                                                  
               At trial, petitioners introduced a “Receipt for Certified              
          Mail” (the postal receipt), indicating postage paid of 32 cents             






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