Teresa G. Butner - Page 8




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          applied income tax withholding of $92.  On the same date, inter-            
          est of $5,057.39 and penalties of $4,731.95 were also assessed              
          for that year.  As of May 24, 1999, the total unpaid assessed               
          liability for the taxable year 1994 was $19,751.34.  At the time            
          in June 2003 respondent’s Appeals officer (Appeals officer)                 
          considered petitioner’s request for relief under section 6015,              
          the total unpaid assessed liability for that year was the same              
          amount, excluding any addition to tax and interest accrued after            
          May 24, 1999.7                                                              
               On August 25, 2000, petitioner and Mr. Butner filed Form               
          1040X, Amended U.S. Individual Income Tax Return, for the taxable           
          year 1994 (1994 Form 1040X).  In that form, petitioner and Mr.              
          Butner reported no self-employment tax due, no tax liability, and           
          they claimed an overpayment and a refund of $92.  Respondent did            
          not accept as correct the 1994 Form 1040X of petitioner and Mr.             
          Butner and did not allow that claim for refund.                             
               On January 20, 1998, petitioner and Mr. Butner signed Form             

               7The parties stipulated that, at the time in June 2003 the             
          Appeals officer considered petitioner’s request for relief under            
          sec. 6015, the total unpaid assessed liability for the taxable              
          year 1994 was $19,759.34, excluding any addition to tax and                 
          interest accrued after May 24, 1999.  We presume that that                  
          stipulation was based upon a mathematical error.  That is because           
          the record establishes that, at the time in question, the total             
          unpaid assessed liability for the taxable year 1994 was                     
          $19,751.34, excluding any addition to tax and interest accrued              
          after May 24, 1999.  The parties’ stipulation is clearly contrary           
          to the facts that we have found are established by the record,              
          and we shall disregard it.  See Cal-Maine Foods, Inc. v. Commis-            
          sioner, 93 T.C. 181, 195 (1989).                                            






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