- 14 - Petitioner’s request for a copy of the notice of deficiency from the IRS was received by the Taxpayer Advocate Service (TAS) on July 23, 2004. A copy of the notice of deficiency was provided by the TAS in Laguna Niguel, California, and was attached to a letter to petitioner dated July 28, 2004. The letter was addressed to petitioner’s Round Rock, Texas, address. Petitioner petitioned timely this Court on September 8, 2004. Petitioner stated on the petition his requests for relief and his supporting reasons as follows: Deductions taken for employee mileage allowable as a Schedule A deduction; deductions taken for business mileage allowable as a Schedule C deduction; legal fees and costs are allowable as a deductible [sic] under I.R.C. Sections 212(1), 212(3), 216 and 262. Further, Commissioner acted in violation of multiple sections of Title 26 USC as well as its own I.R.C. when it deliberately failed to complete its audit of petitioner’s tax return; deliberately failed to consider any of the documents petitioner timely submitted to substantiate his personal, employee and business deductions; deliberately sent audit correspondence to an address it knew was improper so as to prevent petitioner from exercising his right to an administrative appeal hearing; deliberately sent the statutory 90-day notice to an address it knew it was improper thereby denying petitioner proper notice of the alleged deficiency; and falsified documents to make it appear notice was proper. OPINION I. Burden of Proof As a general rule, the Commissioner’s determination of a taxpayer’s liability is presumed correct, and the taxpayer bears the burden of proving that the determination is improper. SeePage: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 NextLast modified: November 10, 2007