Gary Lee Colvin - Page 7

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          against the association.  Because the billing records from the              
          attorney did not adequately describe the services performed,                
          however, she was unable to allocate the expenses.                           
               During the audit process, petitioner's mother prepared for             
          him amended returns in which the deduction for legal expenses was           
          reduced by two thirds.  The Appeals Office handling petitioner's            
          case refused to accept the amended returns.                                 
                                       OPINION                                        
               Because the Court decides the issues in this case without              
          regard to the burden of proof, section 7491(a) is inapplicable.             
          Petitioner's Amended Returns                                                
               Petitioner complains that he offered amended returns for the           
          years at issue to an Appeals officer who refused to accept them.            
          Such a refusal, he implies, somehow affects respondent's                    
          determination here.  The Court disagrees.  Even though the                  
          Commissioner has administratively permitted their use, the filing           
          of amended returns is not a matter of right as there is no                  
          statutory provision expressly authorizing them to be filed.                 
          Badaracco v. Commissioner, 464 U.S. 386, 393 (1984); Koch v.                
          Alexander, 561 F.2d 1115, 1117 (4th Cir. 1977).  Acceptance of              
          amended returns has repeatedly been held to be a matter which is            
          within the discretion of the Commissioner.  Koch v. Alexander,              
          supra at 1117; Miskovsky v. United States, 414 F.2d 954, 955 (3d            
          Cir. 1969); Terrell v. Commissioner, T.C. Memo. 1986-507; see               






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