- 3 - 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 notPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011