- 6 - stored their furniture in the house, that the property was occupied by petitioners' cousin from December 1995 through March 1996, and that the house was covered by a homeowner's insurance policy in their names. The letter, however, enclosed other letters written by third parties that were intended to show that petitioners had not used the house as a personal residence. Respondent, on the other hand, had obtained third party information suggesting that petitioners had resided in the Vallecito property. Respondent also obtained a "Real Estate Transfer Disclosure Statement" signed by petitioners on July 19, 1995, indicating that the sellers, petitioners, were occupying the property. On May 5, 1999, the examining agent asked petitioners to agree to extend the period for the assessment of income tax. Through Mr. Brown, in a letter dated May 10, 1999, petitioners declined to extend the period for assessment. A statutory notice of deficiency for the years 1995 and 1996, along with a very detailed explanation of the items of adjustment to petitioners' income, was issued on July 21, 1999. Mr. Brown sent to the IRS a letter dated September 2, 1999, with enclosures. The enclosures were intended to be "documentation for two issues that were raised in the Notice of Deficiency and one issue being raised by the taxpayers". Among the enclosures was documentation showing that petitioners had in March 1996 contracted to sell the Vallecito property toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011