Donald B. Hawksley - Page 25




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          [his] audit of my client of [sic] 1985 Form 1040.”  Later that              
          month, Mr. Davis and/or petitioner attended a conference with the           
          revenue agent’s group manager and supplied receipts and canceled            
          checks.  However, such documentation was insufficient to avoid              
          the issuance of a notice of deficiency in September 1988, which             
          notice disallowed all of petitioner’s Schedule C deductions.                
          Petitioner received the notice but, significantly, did not file a           
          petition with this Court.  If petitioner maintained complete and            
          accurate records, we fail to understand why he was unable, even             
          with the help of a certified public accountant, to avoid the                
          total disallowance of his Schedule C deductions for 1985, and               
          further, why he would not have filed a petition with this Court             
          contesting that disallowance.                                               
               Second, an error or delay by the Commissioner can be taken             
          into account only if no significant aspect of the error or delay            
          is attributable to the taxpayer.  See sec. 6404(e)(1).  In the              
          present case, we think that a significant aspect of any error or            
          delay by respondent is attributable to petitioner, as                       
          demonstrated by the following:                                              
               Respondent never recognized Mr. Amigron as petitioner’s                
          representative; rather, respondent undertook to send all                    
          correspondence directly to petitioner.  Presumably, petitioner              
          received the 30-day letter for 1986 that was mailed to him in               
          September 1989 at his address in Florida and the “final notice”             






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