Jon David Cooksey - Page 10

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               Petitioner contends that his failure to pay was due to                 
          reasonable cause and not due to willful neglect because he "did             
          nothing wrong"; envelopes merely got switched when he attempted             
          to mail his June 2000 estimated payment to respondent, petitioner           
          contends.  If petitioner and/or his daughter had merely                     
          misdirected the June estimated tax payment to the Missouri                  
          Department of Revenue and then promptly made a remittance to                
          respondent when the State of Missouri made the refund, we might             
          be more sympathetic, given respondent's published guidance on               
          reasonable cause in the case of mailing errors such as                      
          insufficient postage and incorrect addressing.  However, that is            
          not what happened here.                                                     
               The parties have stipulated that the State of Missouri                 
          refunded the $32,157 misdirected payment (plus interest) to                 
          petitioner "in 2001".  Respondent's Form 4340, Certificate of               
          Assessments, Payments and Other Specified Matters, covering                 
          petitioner's 2000 income tax liability, records a payment by                
          petitioner of $32,157 on November 5, 2002.5  Thus, there was a              

               5 Petitioner claims that he received the refund from                   
          Missouri in May 2002 and sent a check to the IRS approximately 2            
          weeks thereafter.  In conflict with this version of events is the           
          Form 4340 for 2000, which records the payment as received on Nov.           
          5, 2002.  Petitioner's claim is not corroborated, such as by a              
          canceled check evidencing payment to the IRS at the time he                 
          claims.  The Form 4340, by contrast, is presumptive evidence of             
          its contents, barring a showing of its irregularity, which                  
          petitioner has not made.  See Hansen v. United States, 7 F.3d               
          137, 138 (9th Cir. 1993); Craig v. Commissioner, 119 T.C. 252,              
                                                             (continued...)           




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