- 11 - original filing position. She stated that the Form W-2 income did not belong on line 7 and that the expenses were properly reported on Schedule C. On its face this position is confusing and inconsistent. Petitioner also stated in the second letter that she would be forwarding to respondent a confirmation of her duties from her employer. Although petitioner obtained the third letter that purported to confirm her employment and to support her filing position, there is no evidence that respondent received this letter prior to the issuance of the notice of deficiency.1 Moreover, even if respondent had received the third letter before issuing the notice of deficiency, the third letter does not provide persuasive support for petitioner’s contention. The third letter is written by a representative from Arch Wireless, but petitioner’s tax return includes a Form W-2 from USA Mobile as her employer. The third letter merely states that petitioner was an outside account executive employed by Arch Wireless for part of 1998 and that her responsibilities included “outside business to business sales and service for new and existing 1 Respondent states in the objection to motion, filed Mar. 19, 2002, that the letters dated Jan. 11, 2001, and June 26, 2001, from officials of petitioner’s employer were first presented to a representative of respondent on Oct. 16, 2001. Appeals Officer Elaine Rhoton did not recall receiving any documents from petitioner prior to her meeting with Mr. De Montbreun on Oct. 16, 2001. The two letters were stapled together in the administrative file, and the Appeals Officer believes that they both were received at the same time.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 Next
Last modified: May 25, 2011