-12- Although we find petitioner to have been credible when he testified as to his intent to meet the 60-day rule, we do not find likewise as to his testimony concerning the letter. The parties stipulated that Exhibit 1-J was a copy of the “federal income tax return filed by petitioner for 2000" and that return contained neither the letter nor any mention thereof. We decline on the basis of the record at hand to make petitioner’s desired finding that the letter was the enclosed “IRA Documentation” that respondent’s service center returned to him on October 1, 2001, with correspondence. The correspondence states specifically that it relates to petitioner’s “inquiry of Aug. 27, 2001" and, with the exception of a reference to December 31, 2000, as that of the tax period involved, contains no reference to petitioner’s 2000 tax return that was received by respondent on August 17, 2001. We sustain respondent’s determination as to the accuracy-related penalty under section 6662(a) and (d). All arguments made by the parties have been considered, and those arguments not discussed herein have been found to be without merit. Accordingly, Decision will be entered for respondent.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12
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