John B. Roberts, Jr., and Jean Roberts - Page 8

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          return and determined petitioners would owe the IRS additional              
          moneys.2  Mr. Spivey then advised petitioners that $10,000 was              
          realized from the collection of the mortgage held by petitioners            
          and that all of their tax liabilities, including those from 1988,           
          had been paid.                                                              
               These contentions of petitioner husband are not reflected              
          in the transcripts of petitioners’ tax accounts with the IRS.               
          Although copies of the mortgage deed and the satisfaction of                
          mortgage document were admitted into evidence, no additional                
          evidence was admitted to substantiate petitioners’ contention               
          that proceeds from this mortgage were applied to the 1988                   
          liability.  Petitioners presented no additional documentation to            
          support this claim.  Mr. Spivey was no longer employed by the               
          IRS, and petitioner husband claimed he was unable to locate him             
          for assistance at the hearing with the Appeals officer.                     
               The appeals record shows petitioners called numerous times             
          inquiring about Mr. Spivey’s whereabouts and subsequently                   
          requested that the Appeals officer locate and question him.  The            
          Appeals officer declined to do so and informed petitioners that             
          locating Mr. Spivey and verifying former payments was                       




               2Petitioners do not allege the revenue officer prepared a              
          substitute return, just that he aided in petitioners’                       
          preparation.  Petitioners filed their 1988 joint income tax                 
          return on Jan. 16, 1990, 11 days after filing for bankruptcy.               




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