Norman E. Duquette, Inc. - Page 7




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          return the Form 872.  In pertinent part, the Form 872 states:               
          “The amount of any Federal Income tax due on any return(s) made             
          by or for the above taxpayer(s) for the period ended                        
          September 30, 1994, may be assessed any time before December 31,            
          1998.”  Petitioner did not return the Form 872 or respond to the            
          document request.  Instead, petitioner attempted to negotiate               
          restrictions to be incorporated into the Form 872.  Revenue Agent           
          Grimes and her supervisors refused to restrict the Form 872 and,            
          on November 20, 1997, no Form 872 having been received by                   
          respondent, the notice was issued.  By letter dated December 8,             
          1997, Stephen P. Taylor, Chief, Exam Branch V (apparently, a                
          supervisor of Revenue Agent Grimes), explained respondent’s                 
          failure to restrict the Form 872:  “Conditions required under the           
          Internal Revenue Manual were not met.  We do not restrict                   
          statutes or the scope of an examination prior to initiating the             
          examination.”                                                               
               Other documents in evidence establish the following:  On               
          October 27, 1997 (the date the examination commenced), Revenue              
          Agent Grimes was examining petitioner’s income tax returns for              
          the 2 taxable years preceding 1994 (the preceding years’                    
          examination).  She completed the preceding years’ examination on            
          November 6, 1997.  On that date, petitioner was sent a copy of              
          the resulting report (the report).  The report shows adjustments            
          with respect to the following items:                                        






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