- 4 - 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 As a result of the discovery, respondent had the Post Office issue new postal money orders to replace the now outdated ones, and deposited the proceeds.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).Page: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011