- 12 - * * * 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.Page: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 NextLast modified: November 10, 2007