Isaiah Israel - Page 12

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          placed at issue, the Court will review the matter on a de novo              
          basis.  Sego v. Commissioner, 114 T.C. 604, 610 (2000); Goza v.             
          Commissioner, 114 T.C. 176, 181-182 (2000).                                 
               We turn first to petitioner’s taxable year 1994.  Respondent           
          did not accept and process as filed the return for his taxable              
          year 1994 that petitioner mailed to respondent on or about May              
          24, 1999.  Nor did respondent process and accept as filed the               
          amended return for his taxable year 1994 that respondent received           
          on June 1, 1999.4  According to respondent’s trial memorandum               
          that the Court had filed on March 11, 2003, that is because                 
          petitioner’s then spouse had previously filed a separate return             
          for 1994 and had received a refund of an earned income credit for           
          that year, and nonetheless both petitioner’s 1994 unfiled return            
          and petitioner’s 1994 unfiled amended return purported to be                
          joint returns on behalf of petitioner and his then spouse.                  
          Moreover, the record establishes that respondent did not issue a            
          notice of deficiency to petitioner with respect to his taxable              
          year 1994, in which respondent determined that petitioner had a             
          deficiency based upon the substitute for return that respondent             
          prepared on March 29, 1999, and the 30-day letter that respondent           
          mailed to petitioner on or about April 5, 1999, with respect to             


               4Nor did respondent accept and process as filed petitioner’s           
          second amended return for 1994 (or his respective amended returns           
          for 1995 and 1996) which showed zero income and claimed a refund            
          of the tax withheld.                                                        





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