Anthony J. and Denise D. Sadberry - Page 12

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               In August 2000, petitioners filed Form 1040X, Amended U.S.             
          Individual Income Tax Return, for 1999 (amended return).  As was            
          the case with their original return, petitioners did not seek               
          advice or assistance with respect to this amended return.  On               
          line 9 of the amended return, Other taxes, petitioners reported             
          $6,154.94 as a 10-percent penalty on the Southern Farm Bureau and           
          Glenbrook distributions, which they referred to in Part II of the           
          amended return, Explanation of changes to income, deductions and            
          credits.  In addition, petitioners increased their withholding              
          credit to $69,794.14, to include the taxes withheld on the SFB              
          and Glenbrook distributions.11  Petitioners did not include the             
          taxable portion of the SFB and Glenbrook distributions as income            
          on the amended return.  Petitioners calculated and claimed a tax            
          overpayment of $27,753.13.  Respondent refunded the claimed                 
          overpayment with interest (second refund), and the refund was               
          contributed by petitioner to the SFB nonqualified annuity on or             


               11   Additionally, on line 1 of the amended return,                    
          petitioners reported partnership income of $1,088 that was not              
          reported on the original return.  Petitioners attached Schedule             
          K-1, Partner's Share of Income, Credits, Deductions, etc., which            
          reflected partnership distributions to petitioner during 1999 of            
          $1,088.  The Schedule K-1, however, reflected net income                    
          attributable to petitioner of $476 and interest income of $168.             
          It is apparent, therefore, that petitioners erroneously reported            
          $1,088 as partnership income when, instead, petitioners should              
          have reported net partnership income of $476 and interest income            
          of $168.  A Rule 155 computation will be necessary to correct               
          this error and to include any self-employment tax that may be due           
          on such income.  See supra note 2.                                          





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