- 4 - 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 hasPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011