Robert C. Austin - Page 8

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          figure "looked too pat," and he wanted to change it to something            
          that he felt "looked more logical".  Petitioner sent the check to           
          the IRS because if he owed any tax he wanted it to be paid.                 
               It was petitioner's intent in April of 1989 that if there              
          were any taxes due for 1988, the remittance would pay for those             
          taxes, or for any that might be due for the next year or the                
          previous year.  He wanted to be able to show "that I was not                
          trying to dodge my taxes, that I was trying to keep everything              
          paid."  He hoped that someday his father "would be able to go               
          back and deal with all this, that there would have not been any             
          liability to trigger any concern that there was an attempt to not           
               The IRS received petitioner's 1988 Form 4868 and the                   
          remittance and granted petitioner an extension of time to file              
          until August 15, 1989.  The IRS posted the remittance as a                  
          payment for the taxable year 1988 and has always treated the                
          remittance as a payment of taxes.  That remittance was never                
          placed into a suspense account or an excess collection account,             
          and it was never treated by IRS as a deposit in the nature of a             
          cash bond.  The amount of the remittance has been shown on                  
          petitioner's 1988 account as a payment since it was received by             
          the IRS.  As of the time of trial, no assessment had been made              
          for the taxable year 1988, and petitioner's 1988 account still              
          showed a credit balance of $19,789.96.                                      

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