- 13 - prior to the issuance of the statutory notice of deficiency. From the time when respondent sent petitioner the initial appointment letter in January 2004, to the time when the parties finally met in May 2004, petitioner had canceled two meetings and had established a history of not responding to telephone calls and document requests from respondent. Therefore, it was not unreasonable under the circumstances for respondent to issue a statutory notice of deficiency to avoid the expiration of the period of limitations when petitioner refused to consent to an extension. See Wasie v. Commissioner, 86 T.C. 962, 970-971 (1986); Chaum v. Commissioner, 69 T.C. 156, 163 (1977). Petitioner contends that it was respondent’s delay in commencing the audit that caused the shortage of time for examination. Petitioner further contends that respondent failed to adhere to the guidelines under Internal Revenue Manual pt. 4.10.2.2.2 (May 14, 1999), which provide that the examination and disposition of income tax returns is to be completed within 26 months for individual returns after the due date of the return, or the date filed, whichever is later. There is a rebuttable presumption of no substantial justification if the IRS “did not follow its applicable published guidance in the administrative proceeding”. Sec. 7430(c)(4)(B)(ii). “Applicable published guidance” is defined as “final or temporary regulations, revenue rulings, revenue procedures, information releases, notices, announcements, and ifPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Next
Last modified: May 25, 2011