Laura D. Seidel - Page 32

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          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 by            






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