Christine Kenton & Greg Braden - Page 11

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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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