- 11 - We turn now to petitioners' alternative contention that the IRS letter dated November 21, 1996, constitutes a second notice of deficiency. In this regard, petitioners point out that their petition was timely filed if measured from the date of mailing of such letter. A notice of deficiency must meet certain substantial requirements. Abrams v. Commissioner, 787 F.2d 939, 941 (4th Cir. 1986), affg. 84 T.C. 1308 (1985). Thus, the notice must, at a minimum, disclose that the Commissioner has determined a deficiency, the amount, the basis thereof, and the applicable taxable year. Benzvi v. Commissioner, 787 F.2d 1541, 1542 (11th Cir. 1986), affg. Abrams v. Commissioner, 84 T.C. 1308 (1985); see Scar v. Commissioner, 814 F.2d 1363, 1367 (9th Cir. 1987), revg. on another issue 81 T.C. 855 (1983); Foster v. Commissioner, 80 T.C. 34, 229-230 (1983), affd. in part and vacated in part on another issue 756 F.2d 1430 (9th Cir. 1985); see also sec. 7522. In the present case, we do not think that the IRS letter dated November 21, 1996, constituted a notice of deficiency. Such letter did not purport to determine any deficiency; moreover, such letter was clearly not intended by respondent to be a notice of deficiency. Rather, the IRS letter merely served 6(...continued)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
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