- 32 - inspection of her books of account. See Benjamin v. Commissioner, supra. Petitioner received a letter dated September 14, 2001, advising her that based upon review of third party records, respondent proposed changes to her Form 1040 for taxable year 1999. The review of records of third parties does not constitute a review of a taxpayer’s books and records. Digby v. Commissioner, supra. Petitioner’s argument that respondent has violated section 7605(b) is grounded on respondent’s issuing to petitioner a tax refund before auditing her 1999 tax return. Petitioner admits that she never entered into a closing agreement with the IRS with respect to taxable year 1999. Petitioner also admits that she never received a letter stating that the IRS had accepted her 1999 tax return, nor had she received a letter stating that her 1999 tax return had been audited as requested by her special handling request. Instead, petitioner’s argument of multiple audits relies on petitioner’s testimony that her refund was evidence of an audit that resulted from her special handling request. Such testimony and argument do not substantiate her claim of a violation of section 7605(b). There is no evidence in the record that substantiates petitioner’s claim that the IRS audited her income tax return byPage: Previous 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 Next
Last modified: May 25, 2011