- 26 - The copies of the incompletely executed Form 1040X, purporting to amend Astrid Downing’s single 1995 return and claim joint filing status for petitioner and Astrid Downing, show $8,728 as “Amount of tax paid with original return plus additional tax paid after it was filed”. Respondent’s records show that this amount was posted to Astrid Downing’s 1995 account as a “PAYMENT WITH RETURN”.11 Petitioner relies upon this entry as establishing that the 1995 return was filed and processed by the IRS. We disagree. At most, this entry might suggest that a joint return was tendered with payment and that an IRS employee accepted the payment. Such action by an IRS employee, however, would not waive the statutory requirements for a valid return. See Lucas v. Pilliod Lumber Co., 281 U.S. 245 (1930); Olpin v. Commissioner, supra at 1301; Smart v. Commissioner, T.C. Memo. 1987-279; Wallace v. Commissioner, T.C. Memo. 1975-133. Petitioner places great weight on the preliminary assessments of Appeals Officer Dugan, who first handled petitioner’s Appeals hearing. In an undated internal memo and in a letter to petitioner’s representative Appeals Officer Dugan stated that she believed, on the basis of her preliminary investigation, that petitioner and Astrid Downing had filed a 11 In the final notice of determination, the Appeals Office concluded that petitioner should be given credit for the $8,728 payment.Page: Previous 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 NextLast modified: November 10, 2007