- 4 - 1992 taxable year. Petitioners and Mr. Bezkorowajny also were aware that the 3-year period of limitations with respect to the 1992 taxable year would shortly expire.4 On March 5, 1996, slightly less than a month before the mailing of the notice of deficiency, Mr. Bezkorowajny hand- delivered two documents to the IRS Taxpayer Service Center on Fulton Street in Brooklyn, New York. The first document was a letter, over Mr. Bezkorowajny’s signature, requesting certain publications and a transcript of petitioners’ account and asking the following: Could you send this information to them [i.e., petitioners] and all future mail as soon as possible at the current address of: James A. & Muriel M. Andrews c\o G. Braun Oyster Co. P.O. Box 971 Cutchogue, N.Y. 11935 [the Braun Co. address]. As previously noted, the Braun Co. address is the mailing address for petitioner’s place of employment. The letter was addressed to the “District Director” and did not contain the examining agent’s name or advise that petitioners were currently under audit, stating instead that “My client is trying to determine his tax and * * * needs a transcript of his account for the year 1992.” The second document, attached to the letter, was a Form 4 In January 1996, respondent sought petitioners’ consent to extend the period of limitations for 1992, advising in a letter that it would expire soon. Petitioners responded that same month by seeking to narrow the scope of the consent. There is no evidence in the record that petitioners ever consented to an extension, and they allege in the petition that the 3-year period of limitations expired on or about Apr. 15, 1996.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011