Craig M. and Rebecca Maxwell - Page 3

                                                - 3 -                                                   
            1990 through 1992 Federal income tax returns on September 3,                                
            1997, and respondent received petitioners' 1993 return 1 day                                
            later. On May 6, 1996, the Commissioner had issued each                                     
            petitioner two notices of deficiency, one for 1990 and 1991, and                            
            the other for 1992 and 1993.  Before doing so, the Commissioner                             
            had prepared "returns" for each petitioner for each year in issue                           
            under the authority of section 6020(b).                                                     
                  For each subject year, petitioners' income tax liability,                             
            tax payments, and overpayments are as follows:                                              
                    1990    1991  1992   1993                                                           
                  Tax Liability           $169,829    $0    $0     $0                                   
                  Tax Payments                                                                          
                  Oct. 17, 1990            3,390    ---                                                 
                  Feb. 3, 1991             9,000    ---                                                 
                  Apr. 15, 1991          207,610    ---                                                 
                  Apr. 15, 1993            ---      ---   100    ---                                    
                  Apr. 15, 1994            ---      ---   ---   3,641                                   
                  Total                220,000      0   100   3,641                                     
                  Overpayment               50,171      0   100   3,641                                 
                                             Discussion                                                 
                  Respondent argues that petitioners are not entitled to a                              
            refund of any of the overpayments because the disputed amounts                              
            paid for each year were paid by petitioners more than 2 years                               
            before the issuance of the notice of deficiency.  Petitioners                               
            argue that they are entitled to a refund for 1990 because they                              
            filed their 1990 Federal income tax return in 1997, a time that                             
            is within 3 years of the time that the petition was filed                                   





Page:  Previous  1  2  3  4  5  Next

Last modified: May 25, 2011