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* * * a credit of $25,000 that was paid with Form 4868
* * *. The IRS stamped the page one of the Form 1040
as being received on May 17, 2001, and processed the
return without a signature. The Form 1040 shows that
the taxpayer was filing as married filing separate, and
that his spouse was Astrid Downing. * * *
* * * * * * *
The administrative file includes an amended tax return
which was signed by the taxpayer and the preparer on
October 25, 1996. The amended tax return shows that
the taxpayer is electing to file a joint income tax
return with Astrid Downing, however it was not
processed by the IRS.
* * * * * * *
All legal and procedural requirements are concluded to
have been met in this case.
* * * * * * *
The transcripts show that the taxpayer was given credit
for $25,000 on the 1996 tax module, and that a refund
was issued to the taxpayer’s last known address. The
taxpayer has not established that an amended tax return
for 1995 electing to file jointly was filed within
three years of the last date prescribed by law for
filing of the separate return or returns, without
taking into account any extension of time granted to
either spouse.
It is my determination that the IRS allow a credit of
$8,728.00 for 1995, abate the failure to file penalty
for 1995 and abate the interest and failure to pay
penalty associated with the $25,000.00 payment from the
date it was received, June 30, 1996, until the date the
IRS issued a notice of demand for payment for 1995
which was on November 12, 2001.
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