- 9 - creditor's property interest, and that actual notice was required to satisfy the creditor's right of due process. In the present case, by contrast, where respondent mailed the deficiency notice to petitioners' last known address, actual notice of the income tax deficiencies was not required. Unlike the creditor in Tulsa, whose claim would have been totally extinguished under the Oklahoma Probate Code, petitioners have alternative routes for pursuing their claims because the Tax Court is not the sole venue for litigation of a tax liability. The fact that taxpayers can pay a deficiency, file an administrative claim for refund, and if the claim is disallowed, bring an action for a refund in Federal District Court or the Court of Federal Claims provides sufficient due process. The Court also notes, with respect to petitioners' argument that their attorney should have been notified, the record in this case is clear that, at all times during the audit of their returns, Mr. Lewis, and not an attorney, purported to represent petitioners. No powers of attorney were ever filed with respondent authorizing a third party to represent petitioners. The only contact respondent had with petitioners' attorneys was to verify legal expenses claimed on petitioners' returns. This communication did not rise to the level of client representation such that a power of attorney was required, nor did petitioners ever execute a power of attorney. Moreover, this Court has heldPage: Previous 1 2 3 4 5 6 7 8 9 10 Next
Last modified: May 25, 2011