- 9 - Petitioner did not timely file his 1988 return or the returns for the other years involved in this case, although he did cooperate with respondent's agents during the audit in 1993 and 1994. On January 9, 1995, respondent mailed three notices of deficiency to petitioner: one notice for the taxable years 1984 through 1986; another for the years 1987 and 1988; and the third for the years 1990 and 1991. On April 1, 1995, petitioner prepared his 1988 tax return, and on April 7, 1995, he filed that return and returns for the other years. He filed his petition in the Tax Court on April 10, 1995, challenging all of the adjustments in the three notices of deficiency. During the trial session in Dallas, Texas, commencing February 26, 1996, the parties filed their stipulation of agreed issues that settled all issues in the case except one, leaving for trial and for the Court's decision only the question of the characterization of the remittance as a tax payment or a deposit. It was during the settlement negotiations and the drafting of the parties' stipulation of agreed issues that petitioner for the first time raised the issue that the remittance was a deposit in the nature of a cash bond. OPINION This Court has jurisdiction to determine the existence and amount of any overpayment of tax to be credited or refunded for the year or years at issue. Sec. 6512(b)(1). However, section 6512(b)(3) limits the amount of the allowable credit or refundPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011