Julian B. Kraft - Page 2

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            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 listing                          




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