Daniel R. and Margaret J. Kallmyer - Page 5




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          respondent’s Philadelphia office, and that she assured him that             
          respondent would “abate” the section 72(t) additional tax if                
          petitioners immediately paid the deficiency shown in the March              
          31, 1999, letter.  Petitioner was unaware of the extent of Ms.              
          Flanagan’s authority to compromise their tax liability, and                 
          petitioners never received any correspondence from Ms. Flanagan.            
          On or about April 6, 1999, petitioners paid $11,818.                        
              On February 9, 2000, respondent issued another notice of               
          deficiency relating to petitioners’ 1996 Federal income tax.  The           
          second notice, at issue here, asserted that petitioners’ 1996               
          retirement account distributions were subject to the section                
          72(t) additional tax.  Petitioners timely filed a petition                  
          contesting respondent’s determination.                                      
               Petitioners contend (1) that the second notice is invalid;             
          (2) that all matters relating to their 1996 taxable year were               
          settled; and (3) that the IRA distributions are not subject to              
          the section 72(t) additional tax.                                           
                                     Discussion                                       
          1.  Validity of the Second Notice of Deficiency                             
               Section 6212(a) authorizes respondent to issue a notice of             
          deficiency if there is a deficiency in respect to income taxes.             
          Section 6212(c)(1) provides that respondent “shall have no right            
          to determine any additional deficiency of income tax for the same           
          taxable year * * * except in the case of fraud” if respondent has           






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