- 9 - court in September 1986. The IRS representative told petitioner that petitioner needed to "respond" to the notice of deficiency in order to "correct the problem" and avoid assessment of the deficiency, additions to tax, and interest. Thereafter, petitioner contacted her accountant and asked him to resolve the matter for her. The accountant ultimately advised petitioner to retain a lawyer. Petitioner contacted several lawyers but ultimately decided to retain Leland Franks (petitioner's counsel). On May 29, 1996, petitioner's counsel telephoned the Austin service center and spoke with Molly Ramirez (Ms. Ramirez), a tax examiner. Petitioner's counsel advised Ms. Ramirez that the notice of deficiency erroneously determined income for 1993 in respect of the Moncor Bank debt that had been discharged in bankruptcy in September 1986. Immediately following the conversation, petitioner's counsel faxed two documents to Ms. Ramirez: (1) a Form 2848 (Power of Attorney and Declaration of Representative) authorizing petitioner's counsel to represent petitioner before the IRS, and (2) the Final Decree from petitioner's bankruptcy proceeding.8 8 The fax log report generated by petitioner's counsel's fax machine indicates that the Final Decree was in fact transmitted to Ms. Ramirez. Respondent's counsel states that a copy of the Final Decree was not received by Ms. Ramirez. However, in view of the fact that Ms. Ramirez never contacted petitioner's counsel to advise that she had not received all of the documents that had been transmitted, and because respondent's counsel's statement is unsupported in the record, we do not accept it.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
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