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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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