Laura Ann Flood - Page 4

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          her filing status and that of Mr. Beharrysingh from “married                
          filing separately” to “married filing jointly” for the year 1995,           
          and showing tax due of $4,483.  The Form 1040X bears an Internal            
          Revenue Service, Fresno, California, date stamp of June 7, 1997.            
               Petitioner also offered a Form 8009, We Need More                      
          Information to Process Your Amended Return, issued by respondent.           
          Two boxes were checked on that Form 8009:  Box 1, which requested           
          that the amended return be signed by both spouses; and Box 28,              
          which discussed the full payment of tax requirement for a                   
          subsequently filed joint return, which in petitioner’s case                 
          called for a payment of $4,483.                                             
               In October 2000, respondent issued two Forms 668(Y)(c),                
          Notice of Federal Tax Lien, to petitioner.  One was for taxable             
          years 1991 and 1995; the other was for taxable year 1993.                   
               On November 13, 2000, petitioner submitted a request for a             
          hearing, which was held on June 4, 2001.                                    
               Petitioner raises only two issues as a result of her                   
          hearing.  Petitioner contends that she should be entitled to                
          amend her 1995 individual income tax return and that her section            
          401(k) plan was improperly considered as a means of satisfying              
          her outstanding tax liabilities.                                            
               We first address the amended return question.  Section                 
          6013(b) allows a joint return to be filed after separate returns            
          have been filed, if for the taxable year for which separate                 






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