- 16 - deficiency. Petitioner failed to respond to the notices of deficiency and to five separate requests from the Center, as well as a request by Ms. MacKay during early 1992, that petitioner file a return for 1987. Moreover, during early 1992, petitioner received from Ms. MacKay information clearly showing the discrepancy in wage income from the school. For nearly 4 years thereafter petitioner took no action to remedy the situation. Petitioner also relies in his brief on language from Portillo v. Commissioner, 988 F.2d 27 (5th Cir. 1993), revg. T.C. Memo. 1992-99, which was discussed in Cole v. Commissioner, supra. The instant case is distinguishable from Portillo, however, because petitioner failed to file a Form 1040 for 1987. See Parker v. Commissioner, 117 F.3d 785, 786-787 (5th Cir. 1997) (distinguishing Portillo on the ground that the taxpayer had not filed a return). We note that, had petitioner timely filed his 1987 return or acted promptly in response to any of the notices sent from the Service Center, the entire matter could have been disposed of without issuing a statutory notice. See Uddo v. Commissioner, T.C. Memo. 1998-276; McDaniel v. Commissioner, T.C. Memo. 1993-148.5 5 In McDaniel v. Commissioner, T.C. Memo. 1993-148, we stated that whenever there is a factual determination, the Commissioner is not obliged to concede a case until the Commissioner receives the necessary documentation to prove the taxpayer's contentions. We also stated that after the Commissioner receives the proper documentation, a reasonable period of time must be given to (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011