Dennis and Nancy Flynn - Page 5

                                        - 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, Sims            






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  Next

Last modified: May 25, 2011