Thomas H. and Maureen Hesse - Page 11

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               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)                                                             





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