Robert C. Austin - Page 9

                                        - 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.                                                  
               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 refund              

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  Next

Last modified: May 25, 2011