Raymond P. Corkrey and Megan B. Flom-Corkrey - Page 16




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          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...)           





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