Gerald L. and Jessica P. Frey - Page 34

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               The record establishes that respondent issued to petitioners           
          respective notices of deficiency relating to their taxable years            
          1996, 1997, and 19992 and that they did not file a petition with            
          the Court with respect to any of such notices.  On the instant              


               2With respect to petitioners’ taxable year 1996, the                   
          transcripts of account that a representative of respondent                  
          prepared relating to that year reflected that respondent issued a           
          notice of deficiency to petitioners with respect to their taxable           
          year 1996.  With respect to petitioners’ taxable year 1997, the             
          transcripts of account that a representative of respondent                  
          prepared relating to that year did not reflect that respondent              
          issued a notice of deficiency to petitioners with respect to                
          their taxable year 1997.  However, the revenue agent who                    
          testified on behalf of respondent at the trial in this case                 
          indicated that transcripts of account do not necessarily reflect            
          such information.  Indeed, although the record in the instant               
          case contains a copy of the notice of deficiency that respondent            
          issued with respect to petitioners’ taxable year 1999, the                  
          transcripts of account that a representative of respondent                  
          prepared relating to that year did not reflect that respondent              
          issued such a notice to petitioners.  The notice of determination           
          with respect to petitioners’ taxable years 1996, 1997, and 1999,            
          as well as the settlement officer’s history sheet or case                   
          activity records relating to those years, reflected that                    
          respondent issued respective notices of deficiency with respect             
          to those years.  In this connection, it is noteworthy that, in              
          petitioners’ attachment to petitioners’ 1996 Form 12153 and                 
          petitioners’ attachment to petitioners’ 1997 and 1999 Form 12153,           
          as well as in various letters described above that petitioners              
          sent to the IRS with respect to their taxable years 1996, 1997,             
          and 1999, petitioners did not complain that they did not receive            
          notices of deficiency with respect to 1996, 1997, and 1999.                 
          Instead, they argued in those documents that they did not receive           
          valid notices of deficiency for any of those years because the              
          notices of deficiency that they received were not signed by the             
          Commissioner of Internal Revenue (Commissioner) or a properly               
          authorized delegate of the Commissioner.  Finally, we note that             
          we did not find credible Mr. Frey’s testimony that he did not               
          receive notices of deficiency with respect to 1996, 1997, and               
          1999.  Such testimony is inconsistent with other testimony of Mr.           
          Frey that he may have received such notices and is contrary to              
          other evidence in the record.                                               




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