Carl Stuart Brandon and Ann Stuart Brandon - Page 11




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          In both letters, petitioner complained that the IRS had given no            
          credit or refund for the "backup withholding" shown on the                  
          returns for 1995 and 1996.                                                  
               Petitioners' only documentation of the overpayments of their           
          1995 and 1996 tax liabilities is the returns themselves.                    
          Petitioners' returns, however, are merely statements of their               
          claims that may not be accepted as proof of the existence and               
          amount of the items claimed.  Wilkinson v. Commissioner, 71 T.C.            
          633 (1979); Roberts v. Commissioner, 62 T.C. 834, 837 (1974);               
          Halle v. Commissioner, 7 T.C. 245 (1946), affd. 175 F.2d 500 (2d            
          Cir. 1949).  There is no independent evidence in the record                 
          showing payments of "backup withholding" or estimated tax                   
          payments sufficient to create overpayments for 1995 and 1996 that           
          could be credited to petitioners' tax liability for 1997.                   
               The Court finds that respondent correctly determined that              
          collection actions should proceed.  Other arguments raised by               
          petitioners are without merit.                                              
               Reviewed and adopted as the report of the Small Tax Case               
          Division.                                                                   
                                                  Decision will be entered            
          for respondent.                                                             











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