- 12 - 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).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011