- 3 - return),1 on which respondent treated the above $44,741 shown on the Form 1099-R as taxable income to petitioner. On July 13, 1995, respondent mailed to petitioner a 30-day letter, Proposed Individual Income Tax Assessment, treating the $44,741 as taxable income to petitioner. On July 27, 1995, in response to the above 30-day letter, petitioners untimely filed with respondent a Form 1040, U.S. Individual Income Tax Return, which petitioners purported to be their 1993 joint Federal income tax return. On such Form 1040, petitioners reflected petitioner’s receipt of the total $109,737 annuity distribution, but petitioners also treated the total $109,737 as nontaxable income to petitioner. Also on the Form 1040, petitioners showed no tax due and claimed a refund of $377.2 On September 17, 1996, respondent mailed to petitioner a notice of deficiency for 1993, on which respondent determined an income tax deficiency against petitioner of $9,285 based on the taxability to petitioner of the $44,741 shown as taxable on the 1 We make no finding as to whether the substitute return meets the requirements of sec. 6020(b). See McCarthy v. Commissioner, T.C. Memo. 1989-479 (citing Roat v. Commissioner, 847 F.2d 1379, 1381-1382 (9th Cir. 1988), affg. an Order of this Court). 2 Petitioners’ Form 1040 for 1993 has not been accepted by respondent as a valid tax return because, contrary to the Form 1099-R, it reflected no portion of the $109,737 annuity distribution as taxable income to petitioner.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011