- 2 - Code in effect for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. FINDINGS OF FACT Some of the facts have been stipulated, and the stipulated facts are incorporated in our findings by this reference. Petitioner resided in Shawnee Mission, Kansas, at the time that he filed the petition in this case. Petitioner is a lawyer admitted to practice in Kansas. Petitioner filed his income tax return for 1998 using the cash receipts and disbursements method of accounting. Prior to April 1996, petitioner had two credit card accounts with MBNA, a Mastercard account and a Visa account. On April 8, 1996, the balance due on petitioner’s Visa account was transferred to his Mastercard account. On or about June 9, 1996, petitioner sent to MBNA a check for $1,000, a copy of his May 1996 statement with a handwritten notation, and a separate handwritten note. In the handwritten notation on the statement and in the handwritten note, petitioner stated: “My current balance is $29,837.61.” Petitioner requested verification or correction of the balance. On August 12, 1996, petitioner obtained a cash advance of $1,200 against his Mastercard account. The sum advanced and a $10 cash advance fee were posted to petitioner’s account on August 14, 1996.Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011