John E. Hunter, II and Alma E. Hunter - Page 4

                                        - 4 -                                         
          1.  The Taxable Year 2001                                                   
               On their joint 2001 Federal income tax return, the Hunters             
          reported $700,725.97 of adjusted gross income and zero tax.  The            
          Commissioner erroneously assessed $135,924.49 of tax against the            
          Hunters, as well as penalties and interest.  The assessment was             
          erroneous because the Commissioner had not issued a notice of               
          deficiency to the Hunters.                                                  
               The Commissioner abated the assessment for 2001 and issued a           
          notice of deficiency.  The Commissioner determined a $131,093               
          deficiency in the Hunters’ 2001 income tax and a $26,218.60                 
          penalty under section 6662.  Although the Hunters sought judicial           
          review of that determination, their case was dismissed for                  
          failure to state a claim upon which relief may be granted, and a            
          decision was entered for the full deficiency and addition to tax.           
          See Hunter v. Commissioner, T.C. Memo. 2005-219.  No appeal from            
          the decision in that case was taken, and it is now final.                   
          2.  The Taxable Year 2002 Collection Case                                   
               On their joint 2002 Federal income tax return, the Hunters             
          reported $63,427.60 of tax and claimed $136,137.65 of tax                   
          payments for a claimed overpayment of $72,710.05.  According to             
          the return, the payments consist of $213.16 of withholding                  
          credits and $135,924.49 of payments applied from the taxable year           
          2001.  The latter figure reflects the amount of the premature               
          assessment for 2001 that was abated.  The Hunters apparently                

Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  20  Next

Last modified: May 25, 2011