Nellwyn A. Buck - Page 6

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          and that, as a consequence, the statute of limitations does not             
          bar the assessment of any deficiency against petitioner for 1988.           
               The answer was prepared by an attorney in respondent's                 
          District Counsel office in Houston, Texas.7  The attorney                   
          attempted to locate the filed return, which was mentioned in the            
          petition.  However, by the time the answer was due, the filed               
          return could not be obtained, and it was therefore not available            
          to respondent's attorney in preparing the answer.                           
               On September 14, 1995, respondent transferred petitioner's             
          case to respondent's District Counsel office in Oklahoma City,              
          Oklahoma, for trial preparation.  As previously indicated,                  
          Oklahoma City had been designated by petitioner as the place of             
          trial of this case.                                                         
               On October 10, 1995, respondent's counsel in the Oklahoma              
          City District Counsel office (respondent's counsel) discussed               
          this case with petitioner's counsel and immediately thereafter              
          contacted the IRS Service Center in Austin, Texas (the Austin               
          Service Center) in order to obtain the filed return.                        
          Respondent's counsel learned that the filed return was located              
          under Mr. Buck's account, apparently because Mr. Buck's taxpayer            




          7 As previously mentioned, petitioner resided in Texas City,                
          Texas, at the time that the petition was filed.  Texas City is              
          located about 40 miles southeast of Houston, not far from                   
          Galveston.                                                                  




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