- 8 - 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.]Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011