Larry E. and Barbara L. Andra - Page 5

                                        - 4 -                                         

          installment agreement included payment of the income tax due on             
          that distribution, there is no evidence in the record, nor do               
          petitioners contend that they ever agreed to an assessment of the           
          deficiency attributable to that income item.  The notice of                 
          deficiency included a form that petitioners could have signed by            
          which they agreed to an immediate assessment of the deficiency,             
          in which event, it would have precluded their right to contest              
          the deficiency in this Court and would have allowed respondent to           
          proceed with assessment and collection of the tax due on the IRA            
          distribution.  Petitioners did not sign this waiver and instead             
          filed their petition in this Court in which their sole contention           
          is that the various payments to the Internal Revenue Service                
          included the tax liability associated with the IRA.                         
               At trial, respondent offered into evidence the official                
          transcripts of petitioners' accounts for the years 2000 and 2001.           
          All of the entries in these accounts were reviewed at trial, and            
          petitioners presented no evidence reflecting any errors in these            
          entries, nor proof of any additional payments not shown on the              
          transcripts.  These transcripts show that petitioners fully paid            
          their tax liabilities for the 2 years in question as reported on            
          their income tax returns for those years.  The transcript for the           
          year 2000, however, does not reflect any assessment for the tax             
          due on the IRA distribution reflected on the Form 1099-R, nor is            
          there any evidence that petitioners ever consented to an                    

Page:  Previous  1  2  3  4  5  6  7  8  Next

Last modified: May 25, 2011