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