Lee R. Stevens - Page 4

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          computations are based upon the allowance of the standard deduction         
          and one personal exemption, as in effect for each year.                     
               Petitioner timely filed a petition in this Court on October 1,         
          1993; he filed an amended petition on December 6, 1993. The amended         
          petition not only contests the 1989 and 1990 deficiencies and               
          additions to tax, but contains a claim for tax refunds of $906 and          
          $571 for 1989 and 1990, respectively. Petitioner stated in the              
          amended petition that he is entitled to his itemized deductions.            
          On February 4, 1994, respondent filed an answer to the amended              
          petition, generally denying petitioner’s allegations.                       
               On or about February 25, 1994, petitioner mailed respondent            
          copies of his 1989 and 1990 Federal income tax returns, which               
          petitioner alleges were timely filed on April 15, 1990, and April           
          15, 1991, respectively. On March 15, 1994, respondent received              
          these documents. The returns reflect tax overpayments of $2,0962            
          and $2,135 for 1989 and  1990,  respectively,  and  claimed                 
          corresponding refunds.  Respondent accepted these returns as filed          
          on March 15, 1994.  As stated, respondent acknowledges that                 
          petitioner owes no tax deficiencies or additions to tax for 1989 or         
          1990, but contends that petitioner’s refund claims for such years           
          are time-barred.                                                            


               1    The amended petition does not specify how these figures           
          were determined.                                                            
               2    Petitioner claimed a $2,068 overpayment on the copy of            
          his 1989 Federal income tax return. After respondent discovered a           
          mathematical error, respondent corrected the 1989 return to                 
          reflect a $2,096 overpayment.                                               



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