Rosiland J. Smith - Page 6




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          is received by the Service Center between January and April the             
          15th of the year the return is due, then there is no date stamped           
          received on the document.  Late returns are date stamped received           
          at the time they come in.  The envelopes in which the returns are           
          mailed are attached to the taxpayer's return only if the return             
          is received after April 15.                                                 
               All returns, documents, and correspondence are stamped with            
          a document locator number when they are processed by the Service            
          Center.  The date the return is processed is not necessarily the            
          date the return is received.  The delay in processing does not              
          affect the filing date and is not usually more than a week after            
          the item is received.  The document locator number provides a               
          Julian date, which is a number that corresponds with the day of             
          the calendar year that the document was processed, e.g., 1                  
          through 365.                                                                
               The document locator number on petitioner's 1995 tax return            
          is 116.  This number corresponds to April 26.  The last digit of            
          the document locator number is a 7, which means that the return             
          was processed in 1997.                                                      
               Under the general rule of section 6501(a), a deficiency must           
          be assessed within 3 years from the date on which the return is             
          filed.  The notice of deficiency was issued on December 28, 1999.           
          Respondent determined that petitioner filed her 1995 return on              
          April 18, 1997.  Petitioner claims that she filed her 1995 return           





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