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Each petitioner’s sole assignment of error is that Appeals
erroneously characterized the remittance accompanying their
filing extension request for 1993 as a payment rather than a
deposit, thereby precluding, by operation of section
6511(b)(2)(A), the use of the overpayment attributable to that
remittance as a credit against their 1994-96 tax liabilities.
Background
The parties filed a stipulation of facts and submitted these
cases without trial pursuant to Rule 122. The stipulation of
facts, with accompanying exhibits, is incorporated herein by this
reference. Petitioners resided in Winnsboro, Texas, at the time
the petitions were filed.
On or about April 15, 1994, petitioners filed Form 4868,
Application for Automatic Extension of Time to File U.S.
Individual Income Tax Return, with respect to their joint Federal
income tax return for 1993 (the 1993 Form 4868). The signature
of “Tommy J. Chambers C.P.A.” appears on the preparer’s signature
line of the 1993 Form 4868, along with a request that any
correspondence regarding the application be sent to Gollob,
Morgan, Peddy & Co. P.C. in Tyler, Texas. As required by the
form, petitioners listed an expected tax liability for 1993 of
$138,883 on the 1993 Form 4868. Petitioners also listed $13,883
of withholding for 1993 (1993 withholding) on the form, resulting
in a “balance due” of $125,000. Although the form did not
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