- 3 - substantiated certain cost of goods sold and Schedule C expenses; and (5) petitioners failed to report earned income credit recapture. The addition to tax at issue is attributable to petitioners' late filing of their 1990 Federal income tax return, and respondent asserted an accuracy-related penalty under section 6662(a), for tax years 1990 and 1991. Petitioners invoked the jurisdiction of this Court by filing a timely petition for redetermination. In the petition, the sole ground for petitioners' disagreement with the adjustments in the notice of deficiency was that their "TAX RECORDS WERE NOT AVAILABLE WHEN REQUESTED". After filing an answer to the petition, respondent attempted to schedule a conference for the purpose of discussing the issues in the case. On March 17, 1995, in accordance with Branerton Corp. v. Commissioner, 61 T.C. 691 (1974), respondent sent a letter informally requesting petitioners to provide copies of all documents relevant to the issues in the case by April 20, 1995. The letter was sent by certified mail, return receipt requested, to three different addresses: petitioners' residence, petitioners' business, and in care of their representative, A.E. Rheinheimer, Enrolled Agent. Respondent received the return receipts indicating that petitioner, Tonja Carkhuff, signed for the letter addressed to the business address, on March 18, 1995, and for the letter addressed to the residence, on March 30, 1995. Furthermore, respondent received a return receipt indicating that A.E.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011