John E. Hunter, II and Alma E. Hunter - Page 16

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          indicated above, the Hunters’ tax return does not list education            
          benefits as an item of income.  The only item identified in the             
          return pertaining to education is the unexplained $3,000                    
          deduction that the Hunters claimed for tuition and fees.  Other             
          categories of income were identified as included in the                     
          $233,862.08 of gross income reported on the tax return, and                 
          Mr. Hunter’s trial testimony on this point did not claim any                
          error in his reporting of income.  Thus, any education benefits             
          that Mr. Hunter received have no effect on the deficiency.                  
          Respondent’s determination with respect to the deficiency is                
          2.  The Credit Claimed Against the Tax for 2002                             
               Mr. Hunter argues that respondent has failed to credit his             
          account properly for tax payments he made.  Mr. Hunter’s sole               
          contention in this regard is that the abated tax assessment of              
          $135,924.49 from 2001 represents a tax payment that applies to              
               Assessment is a term used to describe the formal act of                
          recording on the records of the Internal Revenue Service a tax              
          liability that has been reported on a tax return, sec.                      
          6201(a)(1), or that otherwise has become assessable, sec.                   
          6213(b), (c), and (d); see sec. 6203.  Before assessing a                   
          deficiency, the Commissioner generally must issue to the taxpayer           
          a notice of deficiency.  Sec. 6213(a); Meyer v. Commissioner, 97            

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