Joseph Paul Freije - Page 25

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         date for the return of November 18, 1996.  Petitioner offered a              
         Form 1040 with a date of "1-16-96" entered next to the                       
         signatures.  In addition, petitioner offered a copy of his check             
         to the IRS, bearing a date of "1-16-96".  This copy had no bank              
         markings indicating it had been negotiated, which petitioner                 
         explained was due to the fact that it was a copy of the check                
         made before mailing it to the IRS.  Petitioner also produced a               
         copy of the negotiated version of the same check, yet this copy              
         bore a date of "11-16-96", consistent with a November 1996                   
         filing.15  Moreover, petitioner produced a copy of a request for             
         an automatic 4-month extension of time for filing the 1995                   

               15 As to the discrepancy in the "1-16-96" and "11-16-96"               
          dates on the two copies of the same check he wrote as payment of            
          his 1995 taxes, petitioner testified that the check bore the "1-            
          16-96" date when he mailed it to respondent, which implies that             
          someone at the IRS altered the check by adding the numeral "1" to           
          the month indicator in the date.                                            
               This claim arouses greater suspicion when considered in                
          light of the fact that petitioner is also claiming that someone             
          at the IRS altered the numeral "1" on another of his checks;                
          namely, the check for $1,776 intended as payment towards his 1997           
          taxes that was erroneously posted by respondent as a payment of             
          $11,776.  That check is also in evidence and contains                       
          inconsistent entries designating its amount; namely, a numeric              
          entry of "$1,1776.00" [sic] and a written entry of "One thousand            
          seven hundred seventy six" dollars.                                         
               The recurrent manipulation of the numeral "1" on                       
          petitioner's checks undermines the credibility of both his claims           
          that IRS personnel altered his checks.  We need not resolve the             
          dispute concerning the $1,776 check, however, given respondent's            
          concession that his effort to recover the erroneous 1997 refund             
          resulting from the incorrect posting of this check is barred by             
          sec. 6532(b).  Nonetheless, one is left with the singular                   
          sensation that petitioner's recurrent problems with the numeral             
          "1" are too similar to be explained by malfeasance on the part of           
          IRS employees.                                                              





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