Barbara Deaton - Page 22

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          installment sale that occurred in 1990,16 and the 1993 return               
          hardly attests to the occurrence of “numerous other complicated             
          transactions” during 1993.17  Furthermore, the 1993 return belies           
          the allegations in the C.P.A. letter that the $125,000 amount of            
          the 1994 remittance “was not based on any estimate of the tax               
          liability” and “did not even rise to the level of a wild guess”             
          as to the amount of that liability.  Specifically, if one                   
          calculates petitioners’ tentative 1993 tax without any basis                
          offset to the capital gain they reported for 1993 relating to the           
          1990 sale, but otherwise in accordance with the Schedule D tax              
          worksheet attached to the 1993 return, the resulting tentative              
          tax is approximately $125,000.                                              
                    4.  Risman Is Factually Distinguishable                           
               These cases are distinguishable from Risman v. Commissioner,           
          100 T.C. 191 (1993), in which we concluded, on the basis of the             
          facts and circumstances of that case, that the taxpayers’                   
          remittance with their filing extension request was a deposit                
          rather than a payment.  In Risman v. Commissioner, supra at 193-            
          194, 198, the Commissioner initially treated the remittance as a            


               16  Petitioners reported on the 1993 return that they had              
          received almost $500,000 from that sale prior to 1993.  The                 
          record does not reflect whether petitioners experienced similar             
          difficulties calculating their 1990-92 tax liabilities.                     
               17  Other than wages, interest, and gain from the 1990 sale,           
          the 1993 return lists “other income” of $600 and a $24,229                  
          nonpassive loss from two S corporations.                                    




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