- 2 - The primary issue for decision is whether the Court has jurisdiction over the petition filed in this case. Background Petitioner's 1991 Federal income tax return was the subject of an examination conducted during 1995. During the course of the examination, petitioner expressed his disagreement with several adjustments proposed in the examining agent's report and indicated that he intended to preserve all rights he might have including further administrative review and the right to file a petition with the Tax Court. However, on or about January 9, 1996, petitioner executed Form 4549, containing a summary of the examining agent's proposed income tax changes, which included an increase in petitioner's tax liability for 1991 in the amount of $2,828 as well as statutory interest. The preprinted language on the Form 4549 states in part as follows: Consent to Assessment and Collection - I do not wish to exercise my appeal rights with the Internal Revenue Service or to contest in United States Tax Court the findings in this report. Therefore, I give my consent to the immediate assessment and collection of any increase in tax and penalties, and accept any decrease in tax and penalties shown above, plus any additional interest as provided by law.* * * In executing the Form 4549, petitioner obliterated the amount listed for statutory interest and inserted the amount $2,828 in place of the figure listed as the total amount due. Shortly after executing and returning the Form 4549 to the examining agent, petitioner received a tax bill for 1991 listingPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011