Ozie R. M. Quarterman - Page 8

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          office conducted a “thorough search” but found no record that               
          petitioner filed a Form 1040 for 1995.  Arun Sharma, one of                 
          respondent’s revenue agents, testified during the trial that he             
          had examined “IRS transcripts” in the administrative file for               
          this case, which “show that * * * [petitioner] did not file a               
          [1995] tax return.”                                                         
               Petitioner testified that she had “no way to be positive               
          that * * * [Mr. Quarterman] mailed them [the 1995 tax forms that            
          he had “filled out”], but it is my belief that he mailed the 1995           
          tax return.”                                                                
               Respondent’s Form 3050 and the testimony of Revenue Agent              
          Sharma, which support respondent’s position that petitioner never           
          filed a return for 1995, are more persuasive than petitioner’s              
          unsubstantiated belief that Mr. Quarterman filed a 1995 joint               
          return.  See Rodriguez v. Commissioner, T.C. Memo. 2003-153.  As            
          we stated in Espinoza v. Commissioner, 78 T.C. 412, 421-422                 
          (1982):                                                                     
                    A long line of cases has established that the                     
               running of the statute of limitations on assessment                    
               requires the taxpayer to prove the date of the filing                  
               of a return.  Where there is a question as to whether                  
               the return was filed, the records of the IRS are an                    
               item of evidence.  Moreover, the absence of an entry on                
               such record is evidence of the nonoccurrence of an                     
               event ordinarily recorded.  [Citations omitted.]                       










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