- 15 - Q What does that mean? A Normally, that is the date the return is received, but in this case, I cannot tell you why the Service Center put that date in there. I can only speculate. Q But in general, that would be the date that they-- they claim they received a filed return? A In general, that’s correct. Q Okay. And that’s in there for all three years? A That’s correct. Q 16-, 17- and 18-J? A That’s correct. It’s the same date on all three years. Respondent’s counsel produced the transcripts of account, and called Hartz as a witness, to show that respondent’s records do not show that petitioner filed a tax return for 1993, 1994, or 1995 before December 4, 1998. However, as the foregoing makes plain, each of the transcripts of account appears to show that respondent received petitioner’s tax return for each year as of March 11, 1997. Respondent’s counsel did not have a witness who could explain this inconsistency that was apparent on the face of each transcript of account. We had already concluded that it is more likely than not that petitioner and Evalyn filed a tax return for each year before December 4, 1998. See Popa v. Commissioner, 73 T.C. 130, 133, 135 (concurring opinion) (1979). In light of the evidence on respondent’s transcripts of account, together with the testimony of respondent’s chosen witness, we conclude, and we have found, thatPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011