- 3 - return appears to have been signed by petitioner on three separate occasions: April 5, 1998, September 30, 2000, and November 28, 2000. In addition, the 1997 return reflects a stamped date of December 1, 2000, which is the date that respondent’s Office of Appeals received the return and which is also purportedly the first date that respondent received the return. Although the return does not reflect Mrs. White’s signature, respondent now agrees that petitioner is entitled to joint return filing status. The notice of deficiency issued to petitioner on July 10, 2000, determined a deficiency in income tax of $13,008 based on petitioner’s individual income of $64,704. The notice of deficiency was issued based on respondent’s determination that petitioner did not file a return for 1997. Respondent now agrees that the 1997 return submitted by petitioner is correct, except to the extent that petitioner has claimed a credit for an estimated tax payment. Respondent asserts that petitioner did not file a return for the 1997 taxable year until December 1, 2000. Petitioner alleges that he is owed a refund of $4,125 because he “rolled over” an estimated tax payment and amount applied from 1996 of at least $6,000 from a prior tax year. He explained at trial that he mailed a payment of $945 with the 1997Page: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011