- 4 - the amount of $46 received from several payors. On July 22, 1998, John B. Kotmair, Jr. (Mr. Kotmair) of Westminster, Maryland, wrote a letter to respondent on behalf of petitioner. In the letter, Mr. Kotmair stated that petitioner had received the foregoing notice of deficiency, and that such notice was invalid because it was not signed under penalties of perjury and because it did not explain petitioner’s appeal rights. In August 1998, petitioner executed a document entitled “PRIVACY ACT RELEASE FORM AND POWER OF ATTORNEY”, by which petitioner granted Mr. Kotmair the authority to “represent, inquire of and procure from the Internal Revenue Service any and all of the records, pertaining to income taxes, * * * regarding the following years: 1980 through and including 1998.”2 The record indicates that Mr. Kotmair wrote two additional letters to respondent on petitioner’s behalf. Petitioner did not file a petition for redetermination with the Court challenging the notice of deficiency. On April 27, 2000, respondent filed with the Washoe County Recorder in Reno, Nevada, a Form 668(Y), Notice of Federal Tax 2 The above-described “power of attorney” identified John B. Kotmair, Jr., as a fiduciary for Save-A-Patriot Fellowship and stated that petitioner was a member of the group. Save-A-Patriot Fellowship has been identified as an organization that is opposed to the Federal income tax. See Save-A-Patriot Fellowship v. United States, 962 F. Supp. 695 (D. Md. 1996).Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 Next
Last modified: May 25, 2011