Ralph Leon Hays, Jr., - Page 2

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          for negligence is found under section 6653(a)(1)(A), petitioner             
          would also be liable under section 6653(a)(1)(B) for 50 percent             
          of the interest payable on the portion of the underpayment                  
          attributable to negligence.  The issues to be considered are:               
          (1) Whether this Court has jurisdiction to decide whether                   
          petitioner's $31,000 remittance during 1980 may be applied to his           
          1982 tax obligation; and if we have such jurisdiction, (2)                  
          whether the $31,000 may be applied as a payment of tax for the              
          1982 taxable year.2                                                         
                                  FINDINGS OF FACT3                                   
               Petitioner's legal residence at the time his petition was              
          filed in this case was Thousand Oaks, California.  Petitioner, by           
          means of a check dated April 15, 1980, remitted $31,000 to                  
          respondent.  The check bears the notation "1st Est 1980" on the             
          lower left portion designated for a "Memo”.  Other than the                 
          check, petitioner did not forward a declaration of estimated tax,           
          a return, or correspondence, or submit any other instructions to            
          respondent.  The $31,000 payment was made by petitioner at a time           


               2 Petitioner conceded that he failed to timely file, that              
          the amount of income determined by respondent is correct, and               
          that the additions to tax are not in error.  Accordingly, to the            
          extent we decide there is a deficiency, the additions apply.                
          Petitioner failed to file a responsive seriatim brief after                 
          respondent's opening brief was served and filed.  Petitioner's              
          brief was due Aug. 21, 1995, and has not been received as of the            
          issuance of this opinion.                                                   
               3 The facts and exhibits stipulated by the parties are                 
          incorporated by this reference.                                             




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