John J. Petito - Page 7




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          result, we held that respondent was not obliged to issue an FSAA            
          to Petito Corp. before issuing a notice of deficiency to                    
          petitioner.                                                                 
               On January 2, 2001, petitioner moved the Court to reconsider           
          its opinion in Petito v. Commissioner, supra.  Petitioner averred           
          that he had obtained information from respondent (in a phone                
          conversation with an IRS customer service employee) that, despite           
          Petito Corp.’s submission of Forms 1120S for the years 1990,                
          1991, and 1992, respondent had always treated Petito Corp. as a             
          regular or C corporation.  Petitioner asserted that the notice of           
          deficiency issued to him should be considered invalid inasmuch as           
          the adjustments therein should have been determined against                 
          Petito Corp. as opposed to him.  Respondent filed an objection to           
          petitioner’s motion for reconsideration asserting that Petito               
          Corp.’s status as an S corporation or a C corporation did not               
          affect the validity of the notice of deficiency issued to                   
          petitioner.                                                                 
               Petitioner’s motion for reconsideration was called for                 
          hearing in New York, New York.  During the hearing, counsel for             
          respondent conceded that respondent’s records indicated that,               
          despite Petito Corp.’s practice of submitting Forms 1120S,                  
          respondent had treated Petito Corp. as a C corporation.  The                
          Court received the testimony of David Messecca, the revenue agent           
          that prepared the notice of deficiency in question.  Revenue                






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