- 4 - records and determined that the original as well as any copies of any joint income tax returns (Form 1040) filed by petitioner for the years prior to and including the 1978 taxable year had been routinely destroyed by respondent after a 7-year retention period. Petitioner did not produce a copy of her 1978 joint income tax return at trial. There is no evidence in the record that the notice of deficiency ever was returned to respondent as undeliverable. Petitioner claims that at the time of the issuance of the notice of deficiency in April 1984, her last known address, to which the notice of deficiency should have been sent, was "30840 Apricot Avenue, Nuevo, California" (hereafter the Apricot address). According to petitioner, she and her husband moved from the Bell Avenue address to the Apricot address in mid- January 1983, and therefore the Apricot address would have been the address on her 1978 joint income tax return. Petitioner testified that the property located at the Apricot address was a horse ranch known as Solar View Farms owned by Rick Fritz. Petitioner claims that she and her husband lived in a house on the property in exchange for taking care of the ranch and the horses. Mr. Fritz did not testify at the hearing. On February 13, 1984, petitioner and her husband filed a voluntary petition in bankruptcy with the U.S. Bankruptcy Court for the Central District of California. On March 6, 1984, petitioner and her husband filed with the bankruptcy court aPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011