- 5 - mailed a notice of deficiency under section 6212(a) “and the taxpayer files a petition with the Tax Court within the time prescribed”. Hemmings v. Commissioner, 104 T.C. 221, 226-228 (1995). In this case, petitioners did not file a petition with this Court challenging the February 24, 1999, notice of deficiency. Accordingly, respondent was not barred by section 6212(c)(1) from issuing another notice of deficiency as to petitioners’ 1996 taxable year. 2. Whether There Was a Binding Settlement Petitioners argue that respondent settled their tax dispute as to all matters relating to the 1996 taxable year when petitioners signed the letter of March 31, 1999. That letter provided for a response to respondent’s proposed changes whereby petitioners could either agree or disagree with the proposed changes. On April 5, 1999, petitioners signed the form and checked the provision that stated: Disagreement With Proposed Changes - I disagree with some or all of the proposed changes on page 2 of this notice. For each proposed change that I disagree with, I have attached a signed statement and supporting documents explaining why. There does not appear to have been any attached statement. On April 6, 1999, however, petitioners sent a check for $11,818, and by letter claimed a refund of $1,788 for interest. We have held that A settlement is a contract and, consequently, general principles of contract law determine whether a settlement has been reached. * * * A prerequisite to the formation of aPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011