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Petitioners also argue that, for purposes of section
6662(a), any understatement of tax should be calculated with
respect to their amended tax return, not their original tax
return. Under section 1.6664-2T(c)(2), Temporary Income Tax
Regs., 56 Fed. Reg. 67505 (Dec. 31, 1991), however, an amended
tax return can be used to determine a taxpayer’s underpayment for
purposes of section 6662(a) only if the amended return is filed
before the taxpayer is first contacted by respondent with respect
to the year involved. As we have found, respondent contacted
petitioners no later than October 6, 2003, and petitioners did
not file their amended 2001 joint Federal income tax return until
February 3, 2004.
We have considered all arguments made herein, and, to the
extent not addressed, we conclude that they are without merit or
are irrelevant.
To reflect the foregoing,
Decision will be entered
under Rule 155.
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