- 5 - for Relief from Hardship) in which they asked that the late payment addition for 1993-95 be abated and that a payment plan be negotiated. For January 1997, petitioner Nancy Flynn received gross pay of $5,734.94 from the Tracy Elementary School District and $1,204.49 from the Tracy Joint Union High School. Petitioners’ home was sold on April 3, 1997, due to default under a deed of trust. Petitioner met with Sims on April 24, 1997. After that meeting, petitioners retained a new certified public accountant, Ned Leiba (Leiba). On September 2, 1998, petitioners filed an amended return for 1994, in which petitioners reported a reduced amount of tax of $27,708. In it, petitioners reported that they did not have cancellation of indebtedness income in 1994 under section 108(a)(1)(B) because they were insolvent when a debt was canceled in January 1994. On December 21, 1998, (a) petitioners paid the late payment addition and the tax owed for 1993, 1995, and 1996, and (b) Leiba gave Sims a letter in which petitioners requested that respondent abate the late payment addition for 1993-97 and refund those amounts. Respondent accepted petitioners’ amended 1994 return as substantially correct in that respondent reduced the amount of tax due from $98,729.52 to $27,719.73. On January 4, 1999, SimsPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
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