John Wesley Winters, Jr. - Page 3

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          Sec. 6320 and/or 6330 with respect to petitioner’s Federal income           
          taxes for 1993.  The notice included the following statement:               
               Relevant Issues Presented by the Taxpayer                              
               In your request for a hearing, you challenged the                      
               correctness of the liability by stating that you                       
               incurred losses in future periods that you thought                     
               should offset the * * * [income] from 1993.  When                      
               questioned about this, you stated that you did not                     
               amend the applicable returns to compute any loss                       
               carrybacks, nor did you present a reasonable argument                  
               as to why a carryback is applicable.  The service                      
               center received your return for tax year 1993 on                       
               November 10, 1997.  The statute of limitations for                     
               amending this return has since expired, and we show no                 
               record that you have made any challenges to this                       
               liability prior to this hearing.  The liability is                     
               comprised of original tax due with return, penalties                   
               and interest.  No examination assessments or other                     
               changes to the account have been made.                                 
                                       OPINION                                        
               At the time of trial, petitioner acknowledged that “there is           
          no question that the income for the period of ‘93 is an amount              
          that is correct.”  Petitioner contended, however, that his income           
          in 1994, 1995, and 1996 was “substantially lower than that in               
          ‘93.”  Petitioner did not dispute respondent’s assertion that his           
          return for 1993 was filed in November 1997 and that no returns              
          were filed by him for the period from 1997 through 2002.                    
          Petitioner presented no evidence concerning the manner in which             
          he allegedly incurred operating losses that could be carried back           
          to 1993.  Petitioner did not present copies of his returns for              
          1994, 1995, or 1996 or any other explanation of the losses that             
          he was claiming before, during, or after trial.  Petitioner has             





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