Ozie R. M. Quarterman - Page 15

                                       - 15 -                                         
               Exhibit 4P attached to the stipulation of facts is                     
          stipulated by the parties to be a photocopy of what petitioner              
          contends is a retained copy of the joint income tax return filed            
          by petitioner and Mr. Quarterman for 1994 (the retained 1994                
          return).  That return shows a tax due of $1,585 and Federal                 
          income tax withheld of $2,373 resulting in a net overpayment (to            
          be refunded) of $788.  The parties also stipulate as follows:               
                    Respondent’s computer records reflect that                        
               petitioner and her husband filed with respondent’s                     
               Philadelphia Service Center a timely joint income tax                  
               return for the 1994 taxable year.  The account                         
               indicates that they owed a tax liability of $1,721.00,                 
               received a withholding credit of $2,373.00, and were                   
               issued a refund in the amount of $652.00.                              
               The issue we must resolve is whether it is the $1,585 tax              
          liability reflected on the retained 1994 return or the $1,721 tax           
          liability for 1994 reflected in respondent’s “computer records”             
          that constitutes the tax liability reflected on the 1994 joint              
          return (the 1994 joint return liability).                                   
               We conclude that a preponderance of the evidence (which                
          consists solely of the two stipulations and the retained 1994               
          return) requires a finding that the $1,585 tax liability                    
          reflected on the retained 1994 return constitutes the 1994 joint            
          return liability.  In reaching that conclusion we rely upon the             
          following facts: (1) The stipulation with respect to respondent’s           
          computer records refers to a “tax liability” of $1,721, which may           
          or may not be the tax liability reflected on the 1994 joint                 
          return, i.e., the $1,721 could just as easily represent the tax             




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