- 23 - merely reviewed Schedule D of petitioner’s 1992 income tax return and the letter from petitioner’s representative. Respondent’s review of a taxpayer’s income tax return and accompanying schedules does not constitute a second inspection of the taxpayer’s books of account under section 7605(b). See Curtis v. Commissioner, 84 T.C. 1349, 1351 (1985); Pleasanton Gravel Co. v. Commissioner, 64 T.C. 510, 528 (1975), affd. per curiam 578 F.2d 827 (9th Cir. 1978). Since there was no second inspection or examination, respondent’s inquiry, following the no change letter, into the bartering proceeds issue without a prior written justification did not violate section 7605(b). See Digby v. Commissioner, 103 T.C. 441, 451 (1994). Even if respondent should be deemed to have performed a second inspection in raising the bartering proceeds issue, it was done with the knowledge of petitioner, who raised no objection thereto prior to the morning of trial. Consequently, petitioner waived the requirement of written notice prior to a second inspection. See Rife v. Commissioner, 41 T.C. 732, 747 (1964), affd. on this issue 356 F.2d 883 (5th Cir. 1966); Rice v. Commissioner, T.C. Memo. 1994-204. Moreover, even if respondent should be deemed to have performed a second inspection on the bartering proceeds issue without prior notification that petitioner did not waive, invalidation of the notice of deficiency would not be the properPage: Previous 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Next
Last modified: May 25, 2011