- 9 - 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...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011