John and Yoon Ja Biazar - Page 9

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          date means or how it indicates when the examination of                      
          petitioners’ returns began for the years in issue.                          
               The memorandum does not bear petitioners’ names or Social              
          Security numbers.  The name of the examiner is not given.  The              
          exact date of the memorandum is unclear.  The top of the                    
          memorandum lists “Rev 11/97” with no indication what “Rev” means.           
          The facts of the memorandum are equally vague.  The memorandum              
          states:  “The taxpayer operates a Schedule C business with gross            
          receipts of over $200,000, and also claims Earned Income Credit.”           
          Petitioners reported gross receipts of more than $200,000 and               
          claimed an earned income credit in 1995, 1996, and 1997; however,           
          we note that the memorandum uses the singular “taxpayer” and the            
          facts listed are not necessarily unique to petitioners.                     
          Additionally, the memorandum begins:  “This case has been                   
          identified”, suggesting that the case is being referred for an              
          audit rather than that an audit already had begun.                          
               We conclude that the letter sent to petitioners by Revenue             
          Agent Krstulja and the IDR attached to it are more persuasive               
          evidence of the date the examination in this case commenced.                
          Accordingly, section 7491(c) applies to this case as the                    
          examination commenced after July 22, 1998.  See Higbee v.                   
          Commissioner, supra.                                                        









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