- 6 - the Service employee who initiated the contact. * * * In response to the March 5 letter, the IRS sent a form letter, Letter 1721(DO), dated March 13, 1996, to petitioners at the Braun Co. address. The letter indicated that the requested transcript of petitioners’ account was enclosed. In addition, in a section in the form letter designed for nonstandard notices, the following was written: YOUR 1992 RETURN IS BEING AUDITED. IF YOU OWE ANY MONEY YOU WILL RECEIVE A BILL. WE ARE ENCLOSING THE PUBLICATIONS YOU HAVE REQUESTED AND A FORM 8822 FOR A CHANGE OF ADDRESS. PLEASE RETURN FORM IN ENCLOSED ENVELOPE IF YOU WANT ADDRESS CHANGED. Petitioners received the form letter but did not respond to it. As previously noted, the notice of deficiency was mailed on April 2, 1996. On April 4, 1996, the Peconic, New York, branch of the U.S. Postal Service received the envelope containing the notice of deficiency. Also on April 4, the Peconic postmaster put a notice of delivery of certified mail, PS Form 3849, into P.O. Box 227. When the notice of deficiency was not claimed by petitioners, the postmaster put a second notice of delivery of certified mail into P.O. Box 227 on May 11. The notices of delivery indicated that the certified mail was from the IRS. Neither notice of delivery was responded to, and as a result, on or after May 20, the envelope containing the notice of deficiency was marked “unclaimed” and returned to the IRS. Petitioner testified that petitioners never received any mail from the IRSPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Next
Last modified: May 25, 2011