Paul T. and Carolyn Jackson - Page 2




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               At trial, petitioners failed to appear, respondent made an             
          oral motion to dismiss for lack of prosecution the issues upon              
          which petitioners bore the burden of proof, and the Court granted           
          respondent's motion.  See Rule 149.  Respondent concedes that               
          petitioners are entitled to a $2,000 deduction relating to an               
          Individual Retirement Account contribution.  The remaining issue            
          for decision is whether petitioners are liable for a fraud                  
          penalty.                                                                    
                                     Background                                       
               Petitioners, husband and wife, resided in Raritan, New                 
          Jersey, at the time their petition was filed.  During the year in           
          issue, Mr. Jackson received taxable income of $1,200 from Seton             
          Hall University and $2,599 from Berkeley College of New Jersey,             
          but did not give either school his correct Social Security                  
          number. Petitioners failed to report this income on their 1996              
          Federal income tax return.                                                  
               In their petition, petitioners claimed that respondent had             
          accepted their 1996 return "as filed" and that a refund was due             
          to them.  Petitioners included with their petition a purported              
          Internal Revenue Service (IRS) letter supporting this claim.  The           
          letter was not written, or sent, by an IRS employee.                        
                                     Discussion                                       
               Respondent determined that petitioners are liable, pursuant            
          to section 6663, for a fraud penalty.  Respondent must establish            





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