Robert Willis Barkley, Sr. - Page 2




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          petitioner on his 1997 return against an outstanding liability              
          owed by him for 1988.  We hold that respondent did not err.                 
                                  FINDINGS OF FACT                                    
               Some of the facts have been stipulated, and they are so                
          found.                                                                      
               Petitioner resided in Gunter, Texas, at the time that his              
          petition was filed with the Court.                                          
          A.  Petitioner’s Tax Return for the Year in Issue                           
               Petitioner timely filed a Federal income tax return, Form              
          1040A, for 1997.  On his return, petitioner claimed a credit for            
          child and dependent care expenses (the childcare credit) in the             
          amount of $960.                                                             
               In support of the childcare credit, petitioner attached to             
          his return Schedule 2, Child and Dependent Care Expenses for Form           
          1040A Filers.  In filling out Schedule 2, petitioner mistakenly             
          failed to complete Part III, Dependent Care Benefits.  As a                 
          consequence, the amount of the childcare credit that petitioner             
          claimed on Schedule 2 was overstated.  This resulted in                     
          petitioner's claiming an overpayment of tax on his return in the            
          amount of $694.2                                                            




               2  If petitioner had filled out Schedule 2 correctly, a                
          childcare credit in the amount of $251 would have been indicated.           
          This would have resulted in petitioner reporting a balance due of           
          $15 on his return.                                                          





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