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Apple computer. Nonetheless, petitioner timely filed his return
for 1992. Sometime shortly thereafter, petitioner began to use a
new tax software program, which was much more complicated than
the tax software program he had previously used.
Petitioner did not file his returns for 1993 and 1994 until
sometime in February or early March 2000.
During 1995, petitioner made estimated tax payments for his
taxable year 1995 totaling $125,000. On April 15, 1996, peti-
tioner requested respondent to grant him an automatic extension
of time to file his 1995 return on or before August 15, 1996.
That request was granted by respondent. Petitioner did not
timely file his return for 1995. That was because he was too
busy with his activities relating to the operations of two
Richard’s restaurants, an art gallery, and stock investments. On
November 27, 1996, respondent prepared a substitute for return
for petitioner for 1995. On March 13, 2000, petitioner filed his
1995 return with respondent. In that return, petitioner claimed
an overpayment in the amount of $61,151, which he elected to
apply as a credit to his taxable year 1996. Petitioner is barred
by the statute of limitations from applying that overpayment as a
credit to his tax liability for taxable year 1996.
Petitioner did not timely file his return for 1996. That
was because he was too busy with his activities relating to the
operations of two Richard’s restaurants, an art gallery, and
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