- 4 - Income, Credits, Deductions, etc., reported $447,653 as petitioner’s share of the income from BP Concessions for 1997. Petitioners’ Tax Returns On their Form 1040, U.S. Individual Income Tax Return, for 1997, petitioners reported a Schedule K-1 distributive share of $447,653 of nonpassive income from BP Concessions and a total tax of $103,708.2 On their Form 1040 for 1998, petitioners reported a distributive share of $21,336 of nonpassive income from Schedule K-1 from BP Concessions and a total tax of $35,909. They sought a refund of $5,825. On March 29, 2000, petitioners signed both returns. Petitioner decided to report the distributive share of income from BP Concessions on his Form 1040 for 1997 so that he would not be viewed as underreporting his income. Petitioner intended to amend his return and “correct the situation at a 2 On their 1997 return, petitioners reported that they had overpaid their taxes by $217,952 and sought a refund of $192,952 and application of $25,000 to their 1998 estimated taxes. This alleged overpayment was based on petitioners’ belief that the Internal Revenue Service (IRS) owed them a refund of $300,000 plus interest. The alleged refund arises from a prior dispute with the IRS concerning petitioner’s personal liability on unpaid employment taxes for his corporation, National Waste Co., Inc. Petitioners claimed a refund on their 1997 return of $300,000 plus interest on the basis of their allegation that the IRS sold their personal residence at below market value when it foreclosed on their house to collect the unpaid employment taxes. Petitioners never filed a claim for refund with a U.S. District Court.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011