J. Leslie James - Page 4




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          respondent to apply to their 1994 estimated tax.  Thus, they did            
          not expect to receive a refund.                                             
          C.   The Notice of Deficiency and Correspondence About                      
               Petitioner's 1993 Return                                               
               Petitioner cannot specifically remember mailing his 1993               
          return in 1995, and he has no record that he mailed it in 1995.             
          Respondent mailed a notice of deficiency for 1993 to petitioner             
          on March 24, 1997.  On April 14, 1997, Ball wrote a note to                 
          petitioner in which Ball said:                                              
                    I'm quite sure the '93 return was filed in August                 
               of '95, but the IRS does not recognize it.                             
                    To protect the refunds from the IRS and the state,                
               we need to resubmit the returns by 4-15-97.                            
                    Please sign (again) the Federal return and State                  
               return on the 2nd page where X's are located.  You can                 
               date it 8-31-95 as I did or 4-14-97, it doesn't really                 
               make any difference.                                                   
                    Be sure to send via certified mail.  Have the                     
               postman stamp (date stamp) the white copies of the cert                
               mail receipts so we can prove timely mailing if we need                
               to.  Also be sure to keep the receipts and return them                 
               to me so I can put them in the file.                                   
                    Sorry for any inconvenience.                                      
          D.   Petitioner's 1993 Return Filed April 15, 1997                          
               On April 15, 1997, petitioner and his wife signed and filed            
          a joint Federal income tax return for 1993 with a handwritten               
          note at the top stating "Please Do Not Duplicate".  Ball's copy             
          of this return is stamped April 15, 1997.  "Reference,                      
          Resubmitted 1993 1040" is handwritten on Ball’s copy of this                
          return.                                                                     








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