- 2 - See also Rules 13(c) and 40. On April 15, 1999, respondent mailed to petitioners’ last known address and former address notices of deficiency determining a $448,007 deficiency in their 1995 Federal income tax and an $89,601 accuracy-related penalty under section 6662(a). Petitioners object to respondent’s motion. Petitioners argue primarily that the notices mailed to their last known address were invalid because, they assert, the notices did not contain notice of their right to contact a local office of the taxpayer advocate and the location and phone number of the appropriate office. Petitioners contend that such information is required by section 6212(a). Petitioners argue alternatively that the petition they filed with this Court after the 90-day period was timely because they challenged respondent’s determination through a lawsuit filed in United States District Court during the 90-day period. We held an evidentiary hearing on respondent's motion and shall grant it. Background2 Petitioners filed a joint 1995 Federal income tax return. On April 15, 1999, respondent mailed to each petitioner by 2 The Court directed each party to file an opening brief and an answering brief, the latter limited to making any objection to the opposing party’s proposed findings of fact. Petitioners have not filed an answering brief. We conclude they have conceded respondent's proposed findings as correct except to the extent that their opening brief contains proposed findings inconsistent therewith. See Fankhanel v. Commissioner, T.C. Memo. 1998-403, affd. by unpublished opinion 205 F.3d 1333 (4th Cir. 2000).Page: Previous 1 2 3 4 5 6 7 8 Next
Last modified: May 25, 2011