Daniel Joseph White - Page 4




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          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 1997           








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