- 16 - 872-A. Nor do the proffered statements indicate that Wynne or anyone else forged petitioner’s name to that document, or even that Wynne herself signed it. II. The Payment of $20,400 in 1984 In April of 1984, acting on professional advice, petitioner sent to the IRS a remittance of $20,400 with respect to his and Wynne’s anticipated joint Federal income tax liability for 1980. Four years later, in April of 1988, the IRS transferred the $20,400 to petitioner’s individual 1982 Federal income tax account. The IRS transcripts of account indicate that about 6 months thereafter, in October of 1988, the $20,400, plus $902 in interest, was refunded. This entry in the IRS records was made 6 years prior to respondent’s issuance of the notice of deficiency asserting that petitioner was liable for 1980 taxes of $43,750. Petitioner argues that he did not request either the crediting of the $20,400 to his 1982 taxable year or the refund of that amount. He denies that he ever received the refund; instead, he speculates, Wynne intercepted the check and forged it. He concludes that, even if he does not prevail upon the statute of limitations argument, he is entitled to credit for the $20,400 against the deficiency he has agreed is owing for 1980 in the absence of a statute of limitations defense.Page: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
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