- 5 - receive petitioner’s correspondence by December 17, 2003, he would make his determination from information in the file. Mr. Tracy also enclosed with the letter copies of Forms 4340, Certificate of Assessments, Payments and Other Specified Matters, and of pertinent cases such as Pierson v. Commissioner, 115 T.C. 576 (2000). On December 17, 2003, petitioner called Mr. Tracy and left a message acknowledging the deadline and indicating that he had questions ready for Mr. Tracy.4 The message further stated that petitioner was in Mesa visiting his ill father, that he had a flat tire, and that he was unsure whether he could get his correspondence package to Mr. Tracy. On that note, petitioner inquired whether he could deliver the package the next day or could send it by facsimile. He also requested a return call. Mr. Tracy called back within minutes, but petitioner was unavailable. Mr. Tracy left his phone and fax number. When he did not hear from petitioner, Mr. Tracy called again on December 19, 2003. The individual who answered the telephone stated that petitioner was not answering the line, so Mr. Tracy left another message for petitioner to return the call. 4 Petitioner may also have attempted to send a facsimile on or about Dec. 16, 2003, indicating that he would need to reschedule the Dec. 17, 2003, correspondence hearing date, but there exists no indication that Mr. Tracy received any such transmission.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011