- 2 - Stephen K. Midgley (Mr. Midgley) as her attorney in fact. The Form 2848 states that “Original notices and other written communications will be sent to you and a copy” to the listed representative, unless a box were checked indicating that the taxpayer wanted a different arrangement. Petitioner left unchecked the box on the Form 2848 whereby she could have indicated that she wanted Mr. Midgley to receive the original, and herself a copy, of such notices or communications.1 By Final Notice dated November 29, 2004, respondent denied petitioner’s request for relief from joint and several liability pursuant to section 6015.2 Respondent sent the Final Notice to petitioner’s last known address, the address shown on the Final Notice, by certified mail. On December 10, 2004, petitioner faxed a partial copy of the Final Notice to Mr. Midgley. On March 14, 2005, petitioner filed her petition, postmarked March 7, 2005, challenging respondent’s adverse determination in the Final Notice. On June 28, 2005, respondent filed a motion to dismiss this case for lack of jurisdiction. On August 3, 2005, petitioner filed her objection to respondent’s motion. On October 17, 2005, a hearing was held on respondent’s motion. 1 Petitioner also left unchecked the box whereby she could have indicated that she wanted no notices or communications sent to Mr. Midgley. 2 Unless otherwise indicated, all section references are to the Internal Revenue Code, and all Rule references are to the Tax Court Rules of Practice and Procedure.Page: Previous 1 2 3 4 5 6 7 Next
Last modified: May 25, 2011