- 18 - from being made until either the expiration of the 90 (or 150) days or after the decision of the Tax Court becomes final. That procedure provides an opportunity for a taxpayer to have his or her tax liability reviewed by the Tax Court before an assessment is made. Petitioners’ argument is without merit. c. Audit Level Procedures Petitioners argue that they were deprived of due process because respondent allegedly did not follow administrative procedures during the audit of their returns. Proceedings before the Tax Court are de novo; therefore, our determination of a taxpayer’s liability is based on the merits of the case and not on the record developed at the administrative level. Greenberg’s Express, Inc. v. Commissioner, 62 T.C. 324, 327-328 (1974); Johnston v. Commissioner, T.C. Memo. 2000-315. There is no statutory requirement that respondent must follow certain administrative procedures prior to issuing a notice. Further, this Court has held that a revenue agent’s failure to follow administrative procedures prior to issuance of a notice of deficiency does not invalidate the notice. See, e.g., Guilford v. Commissioner, T.C. Memo. 1987-535 (lack of appellate conference or 30-day letter does not affect the validity of notice). In any event, petitioners failed to prove any irregularities in respondent’s examination. B. DiscussionPage: Previous 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Next
Last modified: May 25, 2011