Fred Allnutt - Page 13




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          U.S. 453, 462 (1930); Friedmann v. Commissioner, T.C. Memo. 2001-             
          207 (documents not treated as filed returns where nothing in the              
          record shows that the taxpayer intended his delivery of documents             
          to an agent to constitute filing of returns).  A taxpayer may                 
          not, by his or her own ambiguous conduct, even if unintentional,              
          secure the benefit of the limitations period.  See Lucas v.                   
          Pilliod Lumber Co., 281 U.S. 245, 249 (1930).  Petitioner did not             
          intend the returns that he delivered to the District Director to              
          be his filed returns.  Petitioner did not treat the photocopied               
          returns with original signatures enclosed in the envelope that he             
          gave to an unidentified employee at 31 Hopkins Plaza as returns               
          he intended to file.  He did not indicate that the envelope                   
          contained his tax returns, he did not request a receipt, and he               
          did not ask that a copy of the cover letter be date-stamped, as               
          he had done at District Counsel’s offices.  Petitioner’s February             
          21, 1997, transmittal letter said he intended the original                    
          returns with original signatures, which he delivered to                       
          respondent’s office of District Counsel, to be his filed returns.             
          Thus, petitioner did not file his returns for 1987-90 or 1992-95              
          by hand delivering photocopies of his original returns with                   
          original signatures to 31 Hopkins Plaza on February 21, 1997.                 
          Petitioner’s returns were filed on March 10, 1997, when the                   
          Baltimore Special Procedures Office of the District Director                  








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