- 15 - 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, IRSPage: Previous 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 Next
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