Dwight L. McKenna and Beverly S. McKenna - Page 31

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                  Prior to the issuance of respondent's notice of deficiency,                           
            petitioners submitted unsigned amended income tax returns to                                
            respondent for 1987 and 1988.  The 1987 amended income tax return                           
            showed an increase in tax of $68,255.  The 1988 amended income                              
            tax return showed an increase in tax of $48,887.  Respondent                                
            received these returns on June 29, 1992.  However, the amended                              
            returns were not signed by petitioners, but only by their return                            
            preparer, T.E. Mitchel.  Respondent rejected both amended returns                           
            because they were not signed by petitioners.                                                
                  Along with the unsigned amended returns, petitioners made                             
            voluntary payments to respondent in the total amounts of                                    
            $131,560.02 and $81,151.95.  As a result of these voluntary                                 
            payments, respondent assessed additional tax in the amounts of                              
            $68,255 on September 17, 1992, for 1987, and $48,887 on September                           
            1, 1992, for 1988.  The amounts of these assessed deficiencies                              
            were determined based upon the increased tax liabilities                                    
            reflected on petitioners' amended, albeit unsigned, returns.                                
                  Section 6213(b)(4) permits the assessment of tax that has                             
            been paid by a taxpayer regardless of the restrictions set forth                            
            in section 6213(a).  Petitioners do not dispute that the                                    
            assessments were of amounts paid as a tax or in respect of a tax                            
            within the meaning of section 6213(b)(4).  Accordingly,                                     
            respondent's assessments of the increased taxes for 1987 and 1988                           
            were proper.  In any event, petitioners will receive credit for                             






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