John J. Burke and Vivian Burke - Page 4

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            of attorney authorized Mr. Silver to represent both Mr. Burke and                            
            petitioner in respondent's audit.                                                            
                  Mr. Silver and respondent's examining agents met on July 31,                           
            1991, and February 11, 1992, and had several telephone                                       
            conversations prior to May 1, 1992.  There is no evidence of any                             
            discussion regarding the purported joint filing status of the                                
            returns.                                                                                     
                  During the audit process, respondent served summonses upon                             
            various banks where petitioners had their business and personal                              
            accounts.  Pursuant to section 7609(a)(2), respondent sent a                                 
            certified letter to the account holder(s) within 3 business days                             
            of the issuance of the summonses to notify the account holder(s)                             
            of the existence of the summonses.                                                           
                  On May 15, 1992, respondent issued to petitioners a Letter                             
            950 (30-day letter),4 which proposed the following adjustments:                              

            Addition to Tax                                                                              
            Year       Deficiency       Sec. 6651(a)(1)                                                  
            1985        $14,752             $4,523                                                       
            1986        142,690             35,781                                                       
            1987            476                233                                                       

            Respondent disallowed deductions for losses allegedly incurred by                            
            Ard Rhei, Inc., an S corporation owned by Mr. Burke, and                                     
            deductions for losses resulting from the alleged embezzlement of                             


                  4Respondent also sent a copy of the 30-day letter to Mr.                               
            Silver.                                                                                      




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