Carolyn Ann Harris - Page 5

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          Respondent’s records indicate that respondent had prepared a                
          substitute return on January 20, 2000, and the February 1, 2000,            
          letter set forth the IRS’s initial calculation of petitioner’s              
          tax liability for 1997.  Petitioner subsequently personally                 
          delivered a copy of her return to IRS Taxpayer Service/San Diego            
          on February 29, 2000.  The copy of the return was stamped                   
          received at the Fresno Service Center on April 19, 2000.  The               
          words “duplicate copy” appear on the return; the record is silent           
          as to who made this notation.  Respondent’s records indicate that           
          the IRS treated this return as an amended return.  Petitioner               
          received a Form 4549, Income Tax Examination Changes, dated                 
          January 15, 2002, which reflected a proposed deficiency of $1,664           
          and a proposed section 6651(a)(1) addition to tax of $416.  The             
          notice of deficiency underlying this case, issued on November 13,           
          2002, reflected the same amounts for the deficiency and the                 
          addition to tax as did the Form 4549.                                       
               Subject to exceptions not applicable here, taxes imposed by            
          the Internal Revenue Code must be assessed within 3 years after a           
          return is filed.  Sec. 6501(a).  Thus, if a notice of deficiency            
          is issued after the 3-year period of limitations has expired, the           
          assessment and collection of the deficiency determined therein is           
          statutorily barred.  Id.                                                    
               Generally, a document is considered filed with the IRS when            
          that agency receives it.  Jones v. United States, 226 F.2d 24, 28           






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