Barbara Deaton - Page 3

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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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