John L. and Lisa K. Erickson - Page 3




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          $35,138.60.  The notice of deficiency included an explanation of            
          the adjustments which stated that respondent had disregarded                
          petitioners' "Personal Dental Trust" as a sham and increased                
          petitioners' business income in an amount equivalent to the net             
          income of the trust.                                                        
               The notice of deficiency correctly stated that the last day            
          to file a petition with the Tax Court was July 7, 1999.                     
          Respondent mailed the notice of deficiency to petitioners at the            
          Spokane address.  Respondent did not mail a copy of the notice              
          of deficiency to White.  Petitioners admit that they received               
          the notice of deficiency on or about April 12, 1999.                        
          Petitioners did not attempt to contact White or take any other              
          steps in response to the notice of deficiency.                              
               White was aware that the 3-year period of limitations on               
          assessments respecting petitioners' 1995 tax year was due to                
          expire on April 15, 1999.  Although White was expecting to                  
          receive a copy of the notice of deficiency, he waited until                 
          early July to contact petitioners to ask whether they had                   
          received the notice.  When petitioners informed White that they             
          had received the notice of deficiency but had misplaced it,                 
          White attempted to contact the revenue agent who had conducted              
          petitioners' examination to obtain information regarding the                
          notice.  He was told that the revenue agent was away from the               








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