- 3 - approximated the $33,391.85 in wage and salary income. The difference of $8.15 was not explained at trial. Petitioners calculated the tax on their return based on income of $33,400. After allowing for deductions and exemptions, their tax liability was $2,704. Petitioners had prepaid $140 through taxes withheld on their wages, and, thus, their return showed a balance due of $2,564. Petitioners paid this amount. Sometime thereafter, petitioners received from respondent a check for the refund of taxes in the amount of $2,426. At trial, counsel for respondent advised the Court that the $2,426 refund was based on respondent's erroneous reliance on the wage income amount of $3,340 that was shown on line 7 of petitioners' return, and, based on such income amount, petitioners had overpaid their taxes, for which a refund for overpayment was made to petitioners. Respondent thereafter issued the notice of deficiency, upon which this case is based, to rectify the obvious error by respondent and determined a deficiency based on petitioners' correct wage income plus the interest and dividend income petitioners failed to report on their return.2 2 The notice of deficiency is based on $31,253 in wage income. Counsel for respondent at trial agreed that this amount excludes wage income earned by petitioner Jennifer Gundry in the amount of $2,138.67, which respondent inadvertently failed to include in the notice of deficiency. Respondent did not file an answer to assert an increased deficiency for this omitted income and conceded that amount at trial.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011