- 10 - penalties by August 1995. In so contending, petitioner claims to fall within section 301.6404-2T, Example (2), Temporary Proced. & Admin. Regs., supra.7 The example provides that, where an examination of a taxpayer’s return has revealed a deficiency, the issuance of a notice of deficiency is a ministerial act “After the taxpayer and the Internal Revenue Service have identified all agreed and unagreed issues, the notice has been prepared and reviewed (including review by District Counsel, if necessary) and any other relevant prerequisites have been completed”. Id. Petitioner’s 1989 amended return, reporting the previously unreported income upon which the fraud penalty was based, had not even been submitted to respondent in August 1995. It was not submitted until July or August 1996, by which time civil action for the years 1989 through 1993 had been suspended. While petitioner’s amended return for 1990 had been submitted in February 1995, before the suspension of civil action, petitioner has not shown that a notice of deficiency for 1990 had been prepared or reviewed, or that all other relevant prerequisites for its issuance had been completed, before the suspension of civil action in December 1995. Once civil action was suspended to facilitate development of the criminal case against petitioner, the delay in taking actions in the civil cases for 1989 and 1990, including any delay in issuing a notice 7 See supra note 5.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011