Taylor Miller - Page 22




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          treatment of the State Farm class action lawsuit settlement                 
          proceeds or the raising of the bartering proceeds issue was a               
          prohibited second inspection.  A second inspection would require,           
          at a minimum, that respondent have access to and physically view            
          petitioner’s books and records for the 1992 tax year.  See                  
          Benjamin v. Commissioner, 66 T.C. 1084, 1098 (1976), affd. on               
          other grounds 592 F.2d 1259 (5th Cir. 1979).                                
               Petitioner argued, in her counsel’s memo of January 16,                
          1997, that respondent had failed to notify her in writing of the            
          need for a second inspection.  Respondent, through the Chief,               
          Examination Division, belatedly responded, in respondent’s letter           
          of June 16, 1997, reciting the section 7605(b) requirements and             
          asking petitioner to “please make [her books and records]                   
          available to us for examination.”  Respondent’s response was                
          wholly unnecessary.  There is no evidence in the record that                
          respondent actually reexamined petitioner’s records or requested            
          or received any additional documentation from petitioner                    
          regarding the State Farm class action lawsuit settlement proceeds           
          after issuance of the no change letter.                                     
               Apparently recognizing the weakness of her original position           
          on the issue, petitioner on the day of trial chose to rely on               
          respondent’s inquiry raising the bartering proceeds issue as the            
          prohibited second examination.  On this score, petitioner fares             
          no better.  In resolving the bartering proceeds issue, respondent           





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