- 27 - Foxman v. Renison, 625 F.2d 429, 432 (2d Cir. 1980) (IRS audit of taxpayer’s returns for 4 consecutive years was not an unlawful selective audit). Petitioners filed their 1991 and 1992 returns on August 20, 1992, and August 23, 1993, respectively. It would have been virtually impossible for respondent to make a determination relating to petitioners’ 1991 and 1992 tax years as early as the determination was made for 1990. We infer no improper motive or bias in respondent’s determinations for 1991 and 1992. Petitioners point out that on September 26, 1994, respondent’s auditor wrote petitioners a letter attaching her report of proposed income tax examination changes for petitioners’ 1991 and 1992 tax years (additions to tax for failure to file under section 6651(a)(1)). She said in the letter that she forwarded those reports to keep them with the 1990 file because they all presented the same Form 4868 issue. Petitioners contend that the letter from respondent's auditor shows that respondent determined that the additions to tax apply for 1991 and 1992 because petitioners challenged respondent’s determination for 1990. We disagree. The September 26, 1994, letter shows that respondent's auditor wanted to keep petitioners' 1990, 1991, and 1992 audits together because they presented the same disputed Form 4868 issue. It does not show that respondent had an improper motive.Page: Previous 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Next
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