- 7 - 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. RevenuePage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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