John D. Spivey and Pamela K. Spivey - Page 14




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          initialed copy, which was retained by respondent’s quality                  
          measurement staff, is identical in content to the final notice of           
          deficiency with respect to petitioners’ taxable year 1997 that              
          Ms. Runyan prepared, except for her initials and the handwritten            
          notation appearing on that initialed copy.6  That handwritten               
          notation, which relates to the status of the matter, was placed             
          on that initialed copy by one of respondent’s 90-day notice                 
          clerks after the expiration of the 90-day suspense period appli-            
          cable to the final notice of deficiency with respect to petition-           
          ers’ taxable year 1997.  On the instant record, we find that the            
          existence of a final notice of deficiency with respect to peti-             
          tioners’ taxable year 1997 has been established.                            
               Another material distinction between Pietanza v. Commis-               
          sioner, supra, and the instant case relates to the presumption of           

               5(...continued)                                                        
          testified that she prepared and finalized a notice of deficiency            
          with respect to petitioners’ taxable year 1997 in accordance with           
          respondent’s 90-day letter procedures and that, except for the              
          handwritten notation and Ms. Runyan’s initials (instead of her              
          signature) that appear on the initialed copy of the final notice            
          of deficiency with respect to petitioners’ taxable year 1997,               
          that initialed copy is a copy of that final notice.                         
               6It is noteworthy that the respective amounts of the defi-             
          ciency in, and the penalty on, petitioners’ tax for their taxable           
          year 1997 that were reflected in the initialed copy of the final            
          notice of deficiency with respect to petitioners’ taxable year              
          1997, which is part of the record in this case, are identical to            
          the respective amounts of the increase in tax and civil penalty             
          that were reflected in the October 4, 1999 notice from respondent           
          to petitioners, which petitioners attached to their motion to               
          restrain collection that they filed in the Court on Apr. 18,                
          2000, and in which respondent requested payment of those amounts            
          as well as interest thereon.                                                




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