Imelda M. Hansen - Page 4

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               The Hansens' 1987 Federal income tax return had reflected an           
          overpayment which they had elected to have applied to their 1988            
          tax liability.  Accordingly, there was a credit balance in the              
          Hansens' 1988 income tax account, and respondent caused the                 
          frivolous return penalties to be paid by transferring $1,000 out            
          of that account.                                                            
               Meanwhile, the Hansens had sent in postal money orders for             
          $1,000 in payment of the frivolous return penalties.  The record            
          contains copies of transcripts of the Hansens' accounts from 1979           
          through 1990, and the receipt of the money orders did not appear            
          on any of those transcripts.  Accordingly, as the Court                     
          requested, counsel for respondent caused a search to be made of             
          the respondent's records to determine if the postal money orders            
          had been received and, if so, what had happened to them.  In a              
          status report filed with the Court, respondent advised that the             
          money orders had been received, but nothing had been done with              
          them.  As a result of the discovery, respondent had the Post                
          Office issue new postal money orders to replace the now outdated            
          ones, and deposited the proceeds.  Consequently, $1,000 was                 
          restored to the Hansens' 1988 income tax account.                           
               The basis of settlement reached by the parties was that the            
          information contained on the 1988 return would be accepted.3                

          3         The parties' settlement includes the recognition that             
          there is no addition to tax due from petitioner for the taxable             
          year 1988 under the provisions of sec. 6651(a)(1).                          




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