Norman E. Duquette, Inc. - Page 5




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          Blvd. (the Dallas apartment or the apartment).  The Dallas                  
          apartment was their home from December 1991 until April 18, 1994.           
          In April 1994, the Duquettes relocated to Naples, Florida.                  
          Aline made her home there, and Norman visited her there until               
          September 1994, after which, in substantial part because of                 
          marital difficulties, he did not return to Florida.                         
               In May 1993, Norman began work for a Washington, D.C., law             
          firm (the law firm) as an accounting consultant.  The law firm              
          treated Norman as an employee, issuing him a Form W-2, Wage and             
          Tax Statement, for both 1993 and 1994.  Those Forms W-2 show                
          compensation of $52,060 and $155,372.50 for 1993 and 1994,                  
          respectively.  During the 1994 tax year, Norman worked in                   
          Washington, D.C., on approximately 177 days.  On those days,                
          Norman resided in an apartment in Bethesda, Maryland (the                   
          Bethesda apartment).                                                        
                                     Discussion                                       
          I.  Validity of Notice                                                      
               A.  Assignments of Error                                               
               In the petition, petitioner assigns the following errors to            
          respondent’s determination of a deficiency:                                 
               (a)  The Commissioner issued an invalid notice of                      
               deficiency as the notice is not based on an actual                     
               deficiency determination.  Further, the notice is                      
               invalid because the IRS did not examine the                            
               petitioner’s tax return for the tax year ended                         
               September 30, 1994.                                                    







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