- 6 - the 3 years before the taxpayer filed his return. However, if petitioner filed his 1993 Federal income tax return after March 24, 1997, then we would have jurisdiction only to award a refund of tax that he paid for 1993 during the 2-year period ending on that date. Petitioner contends that the 3-year period applies because he filed his 1993 return before March 24, 1997. Respondent contends that petitioner first filed his 1993 return on April 15, 1997, and thus the 2-year period applies. Petitioner bears the burden of proof. Rule 142(a). B. Whether Petitioner Mailed His 1993 Income Tax Return Before March 24, 1997 Petitioner testified that he could not specifically recall mailing his 1993 Federal income tax return in 1995. Petitioner contends in his posttrial brief that he picked up the return at Ball's office on August 31, 1995, took it directly home for his wife to sign, then drove a short distance to the post office where he mailed the return. It is clear that petitioner picked up the return at Ball's office on August 31, 1995. However, he did not offer any evidence at trial that he took it home, that his wife signed it, or that he mailed it at the post office. We may not consider factual allegations in briefs that are unsupported by the record. Petitioner does not contend that he used certified mail to mail his 1993 return in 1995, and he has no record that he mailedPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 Next
Last modified: May 25, 2011