- 7 - claimed by petitioner.6 In this case, the San Leandro address is the address listed on the return filed most recently before the issuance of the notice. The San Leandro address was also the address listed for petitioner in respondent’s computerized database on dates shortly 6 There are other inconsistencies between petitioner’s testimony and statements contained in documents filed prior to the hearing. In the petition, petitioner alleges that he did not receive the notice and “had no knowledge of the mailing of such until several months after the purported mailing”. (Emphasis added.) In the declaration referred to above he states that he was “wholly unaware of any IRS audit for 1987 and any deficiency determination until 1997/1998 when * * * [he] was contacted by IRS Collection”. At the hearing, he testified on direct examination as follows: Q. When did you first find out that you – that the IRS had made a tax assessment against you? A. I believe it was in ’97, or 1998 – probably ’97. Q. Would you state how you discovered this fact? A. The Franchise Tax Board sent a levy on my wages at Eckhoff Accountancy Corporation. Q. And what did you do after you found out about that levy? A. I then contacted – after speaking with the Franchise Tax Board, they indicated to me to contact the Internal Revenue Service, which I did. * * * * * * * Q. And when was the first time you discovered that the IRS did, in fact, send you a 90-day letter? A. I believe I already answered that question. I think it was ’97 or ’98. Somewhere in there.Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011