Gary T. Mackey - Page 8

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          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.                                               






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