Harris Rabinovich - Page 4

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          they filed for the 1985 taxable year and (2) that they were                 
          entitled to a refund of $9,967.81 after having made total                   
          payments and credits of $33,817.32 on the basis of the following:           
               Tax withheld                         $11,709.55                        
               Estimated tax payments                17,107.77                        
               Other credits                            -0-                           
               Other payments                         5,000.00                        
               Total payments and credits          33,817.32                          
          The record is unclear as to whether petitioner received any                 
          portion of the refund of $9,967.81 or whether this amount was               
          credited to a subsequent taxable year.  The record is also                  
          unclear as to when the 1985 return was actually filed, but on the           
          basis of the notice, we presume petitioner filed the return                 
          sometime before June 1, 1987.                                               
               Petitioner also sent respondent a check dated February 8,              
          1995, in the amount of $10,000 (hereinafter 1995 payment) as                
          payment of taxes for the 1994 taxable year.  Petitioner, however,           
          did not file a Federal income tax return for the 1994 taxable               
          year until May 14, 1997, at which time petitioner had a reported            
          tax liability of $32,490.86 and credits of $43,677.64 for that              
          taxable year.  The credits for the 1994 taxable year include the            
          1995 payment.  That payment is reflected in respondent’s literal            
          transcripts of petitioner’s tax accounts, which show a posting of           
          $10,000 on February 23, 1995.                                               









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