- 8 - respondent’s Austin Service Center as grounds for discarding his records was not reasonable. Petitioner implies that he should prevail because he is without fault insofar as the erroneous refund is concerned. Any such argument is unavailing in light of petitioner’s failure to file a return and report his tax obligation for any of the years at issue. B. Effect of Prior Remittances By the petition, and on brief, petitioner argues that respondent determined deficiencies for 1996 and 1997 without taking into account the 1996 and 1997 remittances. Respondent concedes the fact of the remittances but argues that the remittances are irrelevant to the determination of the 1996 and 1997 deficiencies. We agree with respondent. For Federal income tax purposes, the word “deficiency” has a specific meaning. It is defined in section 6211(a) as the amount by which the tax imposed exceeds the excess of-- (1) the sum of (A) the amount shown as the tax by the taxpayer upon his return, if a return was made by the taxpayer and an amount was shown as the tax by the taxpayer thereon, plus (B) the amounts previously assessed (or collected without assessment) as a deficiency, over-- (2) the amount of rebates, as defined in subsection (b)(2), made.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011