- 3 - Thomas E. and Sara Anne Connell: docket No. 13671-01 Accuracy-related penalties Year Deficiency Sec. 6662(a) 1995 $30,576.26 $6,115.25 1996 56,956.65 11,391.33 1997 24,371.16 4,874.23 Unless otherwise noted, all section references are to the Internal Revenue Code in effect during the taxable years at issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. After concessions, the issues remaining for decision are: (1) Whether the notice of deficiency issued to petitioners Thomas E. and Sara Anne Connell was timely as to the 1995 and 1996 tax years; and (2) whether respondent is estopped from asserting deficiencies for the 1995, 1996, and 1997 tax years against petitioners Thomas E. and Sara Anne Connell because he prematurely assessed the deficiencies and later abated some, but not all, of the assessments.2 2 Petitioners also contend that respondent has the burden of proof with respect to all issues in these cases. Respondent concedes that he has the burden of proof on whether the 6-year period of limitations under sec. 6501(e)(1)(A) applies with respect to petitioners Thomas E. and Sara Anne Connell’s 1995 and 1996 returns. We conclude that the burden of proof has not shifted to respondent under sec. 7491(a) with respect to the remaining issues. The record in this case establishes that the examinations of the 1995 and 1996 returns commenced before July 22, 1998, rendering sec. 7491 inapplicable to those years. See Internal Revenue Service Restructuring and Reform Act of 1998, Pub. L. 105-206, sec. 3001(a), 112 Stat. 726. As for 1997, (continued...)Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011