- 6 - In support of her position, petitioner states, inter alia: Why did it take Respondent nine years to notify Peti- tioner that they did not have her returns on file for the years 1989 through 1993, if, in fact, they did not have the returns, unless Respondent, through laxity and clerical bungling, lost track of Petitioner’s returns; or else, deceitfully and intentionally, with malice aforethought, submerged Petitioner’s returns and de- ferred contact with her, all the while tabulating penalties and interest that would have been far less significant had the “Total” lines been timely drawn? The Notice of Deficiency sent to Petitioner in January of 1998 clearly witnesses that the potential for stun- ning penalties and interest is increased proportionate to the delay in notification * * * . * * * * * * * If the IRS is allowed to collect monies for alleged “unfiled” returns from 10 years past, when taxpayers are only required to keep them for three, what’s to stop them from seeking to collect for returns they claim to have no record of that date back 20 years, or more? The taxpayer should have some means of protect- ing him-or herself from the burden of filing proof when the date of notification exceeds the requirement date for keeping such return. If Respondent can’t keep track of a taxpayer in this high-tech age, when every- thing about everyone is easily knowable and privacy rights are flagrantly violated by legions of both professional and personal snoops-–many of them employed by Respondent * * * , then Respondent deserves to lose any revenue that would accrue from its assessments, whether taxpayer has proof of filing or not. If Re- spondent deliberately defers contact with a taxpayer in order to subsequently collect greater penalties and interest, then this would constitute not only malicious intent, but fraud. * * * * * * * It is convenient-–and necessary, in the absence of proof--for Respondent to assert that Petitioner did not file taxes for the years 1989 through 1993, though it is impossible to prove such assertion. In fact, Peti- tioner would not dare willfully omit a filing, in view of the harassment visited upon her by Respondent inPage: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011