Larry J. and Patricia A. Sumrall - Page 17




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                    5.  Revenue Agent Stufflebeam’s Request                           
               Revenue Agent Stufflebeam asked for a copy of any loss year            
          return.  Petitioners did not, however, give him a copy of the               
          1992 return, nor did he receive one from the Ogden Service                  
          Center, where the original was filed on October 7, 1996.                    
               Petitioners have not persuaded us that it was Revenue Agent            
          Stufflebeam’s duty to put someone on lookout for the 1992 return            
          at the Ogden Service Center or that it was someone’s duty at the            
          service center to separate the Form 1045 page 2 from the 1992               
          return and forward it to the revenue agent.  In Kidde Indus.,               
          Inc. v. United States, 40 Fed. Cl. 42, 65-66 (1997), the U.S.               
          Court of Federal Claims found that it was not necessary for a               
          taxpayer to direct the information that constitutes an informal             
          claim to the precise IRS official who will consider that claim so           
          long as it is given to an official whose general responsibilities           
          and interactions with the taxpayer are sufficient to put the IRS            
          on notice of the pertinent claim.  The facts of that case are               
          distinguishable from the facts before us.  The 1992 return was              
          not directed to an official whose general responsibilities and              
          interactions with petitioners were sufficient to put the IRS on             
          notice of a refund claim.                                                   
                    6.  Other Contacts                                                
               Finally, petitioners have not shown that, on or before                 
          October 15, 1996 (the last day for making a claim for a refund              






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