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petitioners have failed to pay the tax reported due on their
original 1990 return, and respondent's rejection of their amended
return, there is no basis for finding an abatement, credit, or
refund in this case.
Petitioners' reliance on Powerstein v. Commissioner, supra,
likewise is misplaced. In Powerstein v. Commissioner, supra, the
Commissioner issued a notice of deficiency to the taxpayers for
the taxable years 1984 through 1988. After filing a petition
with the Court, and after the Commissioner filed an answer, the
taxpayers filed amended returns for the years in dispute in an
apparently misguided effort to generate a net tax refund. The
Commissioner accepted the amended returns in which the taxpayers
reported increased tax liabilities and rejected the amended
returns in which the taxpayers reported reduced tax liabilities.
Under the particular facts of that case, we concluded that the
Commissioner had erred in treating the increased taxes reported
in the amended returns as amounts "shown upon his return" within
the meaning of section 301.6211-1(a), Proced. & Admin. Regs. To
the contrary, we held that the additional taxes represented
amounts that the taxpayers were "protesting rather than
admitting" within the meaning of the same regulation. Id. at
474.
The facts presented in the instant case are readily
distinguishable from those presented in Powerstein v.
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