Nellwyn A. Buck - Page 7

                                        - 7 -                                         
          identification number (TIN) was the "primary TIN" and                       
          petitioner's TIN was the "spousal TIN."8                                    
               Respondent's counsel received the filed return from the                
          Austin Service Center in late October 1995.  After reviewing the            
          filed return, respondent's counsel ordered transcripts of account           
          in order to verify the correctness of the information contained             
          in the filed return.                                                        
               On November 22, 1995, petitioner filed a reply (the reply)             
          to the affirmative allegations pleaded in the answer.  The reply            
          concludes by alleging that the purported return "was 'accepted'             
          for all purposes in accordance with governing case law, and is              
          deemed to be a return for the purpose of the running of the                 
          statute of limitations".                                                    
               Upon receiving the transcripts of account in respect of the            
          filed return in January 1996, respondent's counsel conceded that            
          petitioner had paid her tax liability for 1988 and apparently               
          also conceded that petitioner was not liable for the addition to            
          tax under section 6654(a).  In contrast, respondent's counsel               
          continued to pursue the addition to tax under section 6651(a).              
          However, on March 1, 1996, respondent's counsel conceded such               
          addition.                                                                   




          8 See Abeles v. Commissioner, 91 T.C. 1019, 1023 (1988), for                
          a discussion concerning the significance of these terms.                    




Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next

Last modified: May 25, 2011