Arthur Turco - Page 6

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          and, accordingly, conclude that petitioners did not file Federal            
          income tax returns for 1989, 1990, and 1991.                                
               B.  Whether Petitioners Filed Refund Claims                            
               Generally, a refund claim must be verified under penalty of            
          perjury in order to be valid.  Secs. 6061, 6065; sec. 301.6402-             
          2(b), Proc. & Admin. Regs.  It is well established, however, that           
          an informal claim (i.e., one that contains formal defects) will             
          suffice as long as it requests a refund and fairly advises                  
          respondent of the nature of the taxpayer's claim.  United States            
          v. Kales, 314 U.S. 186 (1941); see Lundy v. Commissioner, 516               
          U.S. 235 (1996).  There are no bright line rules as to what                 
          constitutes an informal claim.  New England Elec. Sys. v. United            
          States, 32 Fed. Cl. 36 (1995).  Rather, each case must be decided           
          on its own particular set of facts.  Id.  The relevant question             
          is whether respondent knew or should have known that a refund               
          claim was being made.  Id.; see Angelus Milling Co. v. United               
          States, 325 U.S. 293, 297 (1945) (stating that the issue is                 
          whether respondent had notice, sufficient to focus attention on             
          the merits of petitioner's claim).                                          
               Over a 3-month period, Agent McClaughlin reviewed the                  
          photocopied returns, along with additional information that                 
          petitioners provided pursuant Agent McClaughlin's requests.  The            
          photocopied returns contained requests for respondent to credit             
          petitioners' overpayments to subsequent years (i.e., requests for           
          refunds) and  adequately apprised respondent that petitioners               




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