- 11 - Filing of the Federal Return and the Statute of Limitations Respondent's transcript of petitioner's 1983 account indicates that no return or payments were received from petitioner for the 1983 tax year. The transcript did reflect assessments totaling $520, which were explained by respondent's witness as pertaining to a penalty for furnishing false information regarding a Form W-4. See section 6682. Petitioner contends that he timely mailed and filed the Federal return and that the statute of limitations bars assessment of the deficiency and additions to tax. To support this claim, petitioner presented a copy of an application for automatic extension to file the California return and a copy of the California return, both of which indicate that they were signed sometime in 1984. However, attached to the California return was a copy of a form from the California Franchise Tax Board, which indicates that the California return was not filed until March 29, 1991. Petitioner and Mrs. Roberts testified that Mr. Henschel mailed the Federal return, although they did not personally see him do so. Based on this testimony, petitioner contends that he mailed the Federal return, and, therefore, since he mailed the Federal return to the IRS, he filed the Federal return. See Hotel Equities Corp. v. Commissioner, 546 F.2d 725 (7th Cir. 1976) affg. 65 T.C. 528 (1975).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011