Taylor Miller - Page 15




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          subject to self-employment tax, it downgraded her attorney’s fees           
          from an above-the-line Schedule C deduction to a below-the-line             
          itemized deduction, which increased her adjusted gross income and           
          limited her available exemptions.  The letter also recited the              
          two criteria justifying respondent’s change of the position                 
          evidenced by the no change letter.                                          
               In response to petitioner’s counsel’s second memo of                   
          January 16, 1997, arguing that neither of those criteria had been           
          satisfied and that petitioner had not been notified of the need             
          for a second examination, respondent’s Chief, Examination                   
          Division, on June 16, 1997, mailed petitioner a letter belatedly            
          acknowledging that “We are required by law to notify taxpayers in           
          writing if we need to reexamine their books and records after               
          previously examining them” and asking petitioner to “please make            
          them available to us for examination”.  There is no evidence in             
          the record that respondent ever actually reexamined petitioner’s            
          records or requested any additional documentation from petitioner           
          regarding the State Farm class action lawsuit settlement                    
          proceeds.                                                                   
               Although there may be some interrelationships among                    
          petitioner’s arguments that the notice should be invalidated on             
          account of respondent’s asserted failure to follow his reopening            
          procedures, respondent’s asserted violation of section 7605(b),             
          and petitioner’s claim of equitable estoppel, see Saltzman, IRS             





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Last modified: May 25, 2011