Theodore W. Banis, Jr. - Page 12

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          bankruptcy court order and of the trustee’s letter explaining               
          that amounts paid by Nationwide directly to the trustee were                
          erroneously included on a Form 1099-MISC issued to petitioner and           
          (2) the closing letter, which begins “[t]hank you for giving us             
          more information about the income we recently wrote to you                  
          about”, indicates that the latter was written in response to the            
          former.  Moreover, it is clear that petitioner’s March 13, 1998,            
          fax was prompted by the CP 2000 letter from respondent’s                    
          Philadelphia Service Center to petitioner, which proposed to                
          increase petitioner’s 1996 income by amounts reported on 1099-              
          MISCs as paid to petitioner by Nationwide and Ford Motor Credit             
          during that year.  A further indication that the closing letter             
          concerns the proposed additional tax (not petitioner’s self-                
          determined, unpaid tax) is provided by the following sentence               
          contained therein:  “If you have already received a notice of               
          deficiency, you may disregard it.”  A notice of deficiency is               
          issued in connection with an additional amount of tax, not with             
          respect to a self-determined, unpaid tax, which is immediately              
          assessed pursuant to section 6201(a)(1).  Lastly, Appeals Officer           
          Sansbury provided unchallenged testimony that a closing letter              
          (CP 2005) is customarily issued in connection with a notice of              
          proposed changes (CP-2000).                                                 









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