- 2 - Court ruled in favor of petitioner in McGowan v. Commissioner, T.C. Memo. 2004-146, and we incorporate herein the facts set forth in that opinion. Background In 1998, petitioner was convicted, pursuant to section 7206(1), of filing false tax returns and, pursuant to section 7206(2), of aiding or assisting the filing of false tax returns relating to 1991, 1992, and 1993. The convictions were subsequently affirmed on appeal and became final. On October 15, 1999, respondent issued a 30-day letter to petitioner proposing income tax deficiencies and fraud penalties relating to 1991, 1992, and 1993. Respondent’s 30-day letter also advised petitioner of his opportunity for review by the Office of Appeals. Respondent received a letter from petitioner, by mail postmarked November 26, 1999, requesting an additional 30 days to respond. Respondent granted the extension, but petitioner did not respond within the extended period and did not file a protest to the 30-day letter. By notice of deficiency dated September 6, 2001, respondent determined deficiencies of $103,299, $36,968, and $67,180 and fraud penalties, pursuant to section 6663, of $77,474, $27,726, and $50,385 relating to 1991, 1992, and 1993, respectively. On December 4, 2001, petitioner filed his petition with this Court. In January of 2002, respondent called petitioner andPage: Previous 1 2 3 4 5 6 7 8 9 Next
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