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front of petitioner and told her where to sign. At the bishop’s
suggestion, Mr. Scott agreed to write a letter to the IRS
exonerating petitioner. Mr. Scott never sent the letter.
Petitioner requested a review by an Appeals Office, and her
case was transferred from CCISO to respondent’s San Jose Office
of Appeals. By letter dated August 22, 2003, the Appeals Office
informed petitioner that it had received her case for
consideration.
Petitioner and Mr. Smith (collectively the Smiths) filed a
joint income tax return for 2002 that reported an overpayment of
tax. Initially, respondent determined that the return contained
an error, and that the Smiths underpaid their 2002 tax. The
issue was ultimately resolved and, on June 16, 2003, respondent
sent them a refund of $717.74.
Mr. Smith has not been able to find permanent employment and
his unemployment compensation terminated in 2003. He reported
unemployment compensation of $3,888 in 2003. Petitioner provides
the sole support for the household. The Smiths often do not have
enough money to pay their mortgage, buy food, or pay their
utilities. The LDS Church has paid $10,433 for the Smiths’
mortgage and propane gas bills since February 2003. The LDS
Church has also provided them with food.
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Last modified: November 10, 2007