Robert D. and Anne T. Lewis - Page 9

                                        - 9 -                                         

          creditor's property interest, and that actual notice was required           
          to satisfy the creditor's right of due process.  In the present             
          case, by contrast, where respondent mailed the deficiency notice            
          to petitioners' last known address, actual notice of the income             
          tax deficiencies was not required.  Unlike the creditor in Tulsa,           
          whose claim would have been totally extinguished under the                  
          Oklahoma Probate Code, petitioners have alternative routes for              
          pursuing their claims because the Tax Court is not the sole venue           
          for litigation of a tax liability.  The fact that taxpayers can             
          pay a deficiency, file an administrative claim for refund, and if           
          the claim is disallowed, bring an action for a refund in Federal            
          District Court or the Court of Federal Claims provides sufficient           
          due process.                                                                
               The Court also notes, with respect to petitioners' argument            
          that their attorney should have been notified, the record in this           
          case is clear that, at all times during the audit of their                  
          returns, Mr. Lewis, and not an attorney, purported to represent             
          petitioners.  No powers of attorney were ever filed with                    
          respondent authorizing a third party to represent petitioners.              
          The only contact respondent had with petitioners' attorneys was             
          to verify legal expenses claimed on petitioners' returns.  This             
          communication did not rise to the level of client representation            
          such that a power of attorney was required, nor did petitioners             
          ever execute a power of attorney.  Moreover, this Court has held            





Page:  Previous  1  2  3  4  5  6  7  8  9  10  Next

Last modified: May 25, 2011