Taylor Miller - Page 23




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          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 proper            





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