Calvin Earl Humphries - Page 4

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          Court.  As to the 1992 tax year, petitioner alleged he had not              
          filed a return for that year because he was not employed that               
          year.  For the 1994 tax year, he alleged "nothing was wrong with            
          this return", and the refund for overpayment he received for 1994           
          "was due to me" and "why should I pay it back?"                             
               In a trial memorandum and at trial, counsel for respondent             
          advised the Court that petitioner had filed an income tax return            
          for 1992, and, based on that return, respondent had allowed                 
          petitioner a refund of $4,390, which was composed mostly of                 
          earned income and diesel fuel credits.  Thereafter, respondent              
          reversed that action and assessed a liability of $5,541.89                  
          against petitioner for 1992.  Counsel acknowledged that                     
          respondent had no record of having issued a notice of deficiency            
          to petitioner for 1992 to reflect this change.  Counsel agreed              
          that, since petitioner had never been afforded an opportunity to            
          challenge respondent's actions for that year, respondent                    
          "concedes the issue with respect to petitioner's 1992 liability             
          and will abate that amount".  As a result of respondent's                   
          concession, the only remaining year before the Court is                     
          petitioner's 1994 tax year.                                                 
               With respect to the 1994 tax year, it appears (and the Court           
          concludes) that no notice of deficiency was issued to petitioner            
          for that year.  The parties stipulated into evidence the copy of            
          Form 4549-CG, Income Tax Examination Changes, relating to                   





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