Michael W. Keller - Page 13

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          could result in the imposition of an accuracy-related penalty               
          under section 6662.                                                         
               After receiving the prefiling notice, petitioner visited               
          Barnes at Elk Grove Ranch.  Barnes told petitioner that the                 
          letter was a part of an “ongoing bitter battle” and that Hoyt was           
          still an enrolled agent.  Barnes took petitioner on a tour of Elk           
          Grove and the Laguna office and showed him a copy of the Bales              
          case and other documents.                                                   
               On February 24, 1997, respondent sent petitioner a letter              
          indicating that petitioner’s 1994 and 1995 tax years were under             
          examination.                                                                
               On May 3, 2001, respondent sent petitioner a notice of                 
          deficiency.  Respondent disallowed all of petitioner’s Schedule F           
          deductions for 1994 and 1995 and determined that the “Farm                  
          income, sales of livestock” listed on the Schedules F were not              
          includable in income.6  As a result, respondent determined                  
          deficiencies in petitioner’s Federal income taxes of $11,106 and            
          $17,410 for 1994 and 1995, respectively.  Respondent further                
          determined that the underpayments of tax were attributable to               
          gross valuation misstatements, and therefore petitioner was                 
          liable for 40-percent accuracy-related penalties under section              
          6662(h) of $4,442 and $6,932, respectively.                                 

               6  Petitioner has conceded that he did not receive farm                
          income and is not entitled to any Schedule F deductions for 1994            
          and 1995.  See supra note 2.                                                





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