- 22 - 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, respondentPage: Previous 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Next
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