- 3 - draft return, together with a letter dated April 4, 1996, to respondent. Petitioners no longer have a copy of the so-called draft return. However, at trial, petitioners introduced a copy of the April 4, 1996 letter that allegedly accompanied the so-called draft return. Petitioner’s April 4, 1996 letter stated, in part as follows: Our tax return for the tax year 1995 is being filed using TurboTax software and the return is printed using the program. The enclosed return is submitted, although there appears to be a flaw in the program that prevents us from representing operating losses for 1995 and working these losses into the calculations for correctly determining our tax obligations. * * * But we know we have sustained significant operating losses during 1995 and are now attempting to accurately ascertain their value and declare our intention to carry forward those losses into future tax years. When our data collection is complete, an amended return will be filed to correctly adjust our return(s). Respondent did not receive either the so-called draft return or the April 4, 1996 letter. On or about April 3, 1996, petitioners filed an application for an extension of time to file their 1995 return. The application was consistent with petitioners’ actions taken in prior taxable years. Respondent received petitioners’ application for extension. At trial, petitioners introduced a “Receipt for Certified Mail” (the postal receipt), indicating postage paid of 32 centsPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011