Roxie Lee Jackson - Page 12




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          trial, the letter, by itself, does not provide the minimum                  
          information necessary to apprise respondent of the basis of                 
          petitioner’s claim.8  The April 1996 letter contains no more than           
          an unsupported assertion by petitioner and his wife that they               
          believed they were entitled to refunds for 1993 and 1994.  A                
          writing evaluated with reference to its surrounding circumstances           
          that provides no information about the basis of a taxpayer’s                
          refund claim does not qualify as an informal refund claim because           
          it does not give the Commissioner “notice fairly advising the               
          Commissioner of the nature of the taxpayer’s claim”.  United                
          States v. Kales, supra at 194.                                              
               Petitioner bears the burden of proving that he is entitled             
          to a refund of the overpayments he claims for 1993 and 1994.                
          Rule 142(a)(1).  Because petitioner failed to prove that he made            
          an informal refund claim and because the record establishes that            

               8Petitioner did not argue that the April 1996 letter coupled           
          with his 1992 tax return constituted his informal refund claim.             
          Even if petitioner had made such an argument, the record                    
          foreclosed any evaluation of the argument.  Neither petitioner              
          nor respondent introduced the 1992 return into evidence, and                
          petitioner did not testify as to the contents of the 1992 return.           
          Without the 1992 return or some testimony regarding its contents            
          in the record, we simply cannot evaluate whether the facts giving           
          rise to the 1992 overpayment, which respondent refunded, were               
          substantially similar to the facts generating the overpayments              
          for 1993 and 1994.  The only facts we can fairly find on this               
          record are that the April 1996 letter provided notice to                    
          respondent that petitioner felt he was entitled to a refund for             
          1993 and 1994 and that the letter and the surrounding                       
          circumstances did not adequately notify respondent of the basis             
          of the claim.  See BCS Fin. Corp. v. United States, 118 F.3d 522,           
          524-525 (7th Cir. 1997).                                                    





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