Dennis Burbridge and Rosemary Burbridge - Page 3

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          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.                               




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