- 4 - April 15, 1990, and April 15, 1992, respectively, he did not file returns for those years until October 4, 1993. To prove that he filed his returns on time, notwithstanding the absence of copies of the timely filed returns or of any entry in respondent’s records, petitioner relies on his own testimony, the testimony of his mother, a series of letters purportedly sent by him to respondent during the period 1989 through 1995, and evidence of certain divorce proceedings between him and his former spouse. With respect to the divorce, petitioner claims that as part of protracted proceedings that lasted from 1983 until 1991, he was required to submit, and did submit, copies of his filed 1988 and 1989 returns to the divorce court. In addition, he asserts that his right to obtain a refund was used in the calculation of his child support obligations. However, petitioner never introduced any records from the divorce proceedings. In fact, the only records from the divorce proceedings that are in evidence were introduced by respondent, and they do not support petitioner’s claims. In a judgment filed on October 30, 1989, the divorce court made detailed findings concerning petitioner’s assets, which the court then allocated among petitioner’s creditors and former spouse, to whom petitioner owed a family support arrearage of $29,773. Despite finding insufficient assets to satisfy petitioner’s obligations, the divorce court made no mention of petitioner’s 1988 return or the refund inPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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