Theodore W. Banis, Jr. - Page 5

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               On March 13, 1998, petitioner faxed to respondent (1) a copy           
          of a 1994 order of a United States Bankruptcy Court (the                    
          bankruptcy court order), which, in effect, required that payments           
          due from Nationwide to petitioner be made directly to the trustee           
          in bankruptcy of petitioner and Mrs. Banis (the trustee) and (2)            
          a letter dated March 14, 1997, from the trustee to the                      
          Philadelphia Service Center explaining that an earlier proposal             
          to assess a negligence penalty against petitioner based upon a              
          Form 1099-MISC was in error because petitioner did not receive              
          the payment, which, pursuant to the 1994 order, was made directly           
          to the trustee for disbursement to creditors.                               
               On April 3, 1998, the Philadelphia Service Center sent a               
          “closing letter” (Form CP 2005) to petitioner pertaining to 1996            
          (the closing letter), which provides, in pertinent part, as                 
          follows:                                                                    
                                   CLOSING LETTER                                     
                    Thank you for giving us more information about the                
               income we recently wrote to you about.  We are pleased                 
               to tell you that, with your help, we were able to clear                
               up the differences between your records and your                       
               payers’ records.  If you sent us a payment based on our                
               proposed changes, we will refund it to you if you owe                  
               no other taxes or have no other debts the law requires                 
               us to collect.                                                         
                    If you have already received a notice of                          
               deficiency, you may disregard it.  You won’t need to                   
               file a petition with the United States Tax Court to                    
               reconsider the tax you owe.  If you have already filed                 
               a petition, the Office of the District Counsel will                    
               contact you on the final closing of this case.                         






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