Geoffrey K. Calderone - Page 12

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               Moreover, in 2002, Mr. Jacob advised petitioner that his               
          1995 tax liability had been resolved when in fact he had done               
          nothing to resolve the underlying tax liability and knew that the           
          matter was set for a collection due process hearing.  While this            
          deception in 2002 does not directly show that petitioner was                
          prejudiced by Mr. Jacob’s conduct (or lack thereof) in the period           
          during which petitioner had the opportunity to dispute the                  
          underlying liability, it does demonstrate that Mr. Jacob was not            
          forthright in handling petitioner’s affairs and confirms that Mr.           
          Jacob realized that he had an obligation to act on the matter               
          sooner.                                                                     
               Under all of these circumstances, respondent’s argument                
          relying on petitioner’s knowledge imputed from others is                    
          insufficient to show that petitioner had an opportunity to                  
          dispute the 1995 liability.  Petitioner trusted and relied                  
          exclusively on Mr. Jacob to handle matters before the IRS while             
          Mr. Jacob kept information from petitioner and was intentionally            
          not representing petitioner’s interest.  Accordingly, petitioner            
          did not otherwise have an opportunity to dispute the 1995                   
          liability.                                                                  
          III.  Conclusion                                                            
               Respondent has not met his burden of showing that petitioner           
          received the notice of deficiency or otherwise had the                      
          opportunity to dispute the tax liability.  Thus, petitioner is              






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