Rosiland J. Smith - Page 4




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          Court was that the statute of limitations barred the assessment             
          of tax.  Due to a strong belief in the foregoing argument,                  
          petitioner and her attorney decided it was not necessary to                 
          provide the Court with any substantiation of the disallowed                 
          expenses.                                                                   
               Petitioner and her husband filed their returns under the               
          filing status "married filing separate".  They "never" mailed               
          their returns at the same time.                                             
               Petitioner's argument regarding the statute of limitations             
          is based on her position that she mailed her return on April 15,            
          1996.  The date petitioner allegedly signed her 1995 tax return             
          is April 5, 1996.  (The date typed on the return was “Aprilk596"            
          [sic]).  The envelope in which the return was mailed is                     
          postmarked April 18, 1997, by the U.S. Postal Service.  The date            
          stamped on the front of the 1995 return as the date the return              
          was received by the Internal Revenue Service (IRS) is April 8,              
          1997, 10 days prior to the date of the postmark.                            
               On an IRS Form 895 pertaining to petitioner, there is a                
          notation that the postmark date on the envelope, in which the               
          return was mailed, is April 18, 1997, and that the received date            
          (April 8, 1997) is wrong.  This document lists the expiration               
          date of the period of limitations as April 18, 2000.  The notice            
          of deficiency was mailed on December 28, 1999.                              







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