Geoffrey K. Calderone - Page 2

                                        - 2 -                                         
          whether, in the context of a section 6330 proceeding, petitioner            
          is entitled to challenge the underlying tax liability for 1995.             
          The resolution of this issue depends upon whether petitioner                
          received a statutory notice of deficiency for his 1995 tax year             
          or otherwise had an opportunity to dispute such tax liability.              
          The parties agree that if we conclude that petitioner is entitled           
          to challenge the underlying tax liability, we should remand this            
          case to respondent’s Appeals Office to conduct a hearing under              
          the provisions of section 6330.                                             
          Background                                                                  
               The parties’ stipulation of facts is incorporated by this              
          reference.  At the time of the filing of the petition in this               
          case, petitioner resided in Fort Lauderdale, Florida.  Beginning            
          in the mid-1980s, petitioner employed Arthur F. Jacob (Mr.                  
          Jacob), a certified public accountant and attorney, to handle his           
          tax and certain financial matters.  Mr. Jacob, through 2002, had            
          a power of attorney from petitioner.  Petitioner trusted Mr.                
          Jacob and relied on him exclusively with respect to all tax                 
          matters.  For the tax years 1993, 1994, and 1996 specifically,              
          Mr. Jacob represented petitioner before the Internal Revenue                
          Service on many occasions.  Any time petitioner received any                
          document from respondent, he would immediately contact Mr. Jacob            
          to find out what needed to be done.  In addition, petitioner and            
          Mr. Jacob often socialized together and had common friends.                 






Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  Next

Last modified: May 25, 2011