- 3 - 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 separatePage: Previous 1 2 3 4 5 6 7 Next
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