Gary Lee Colvin - Page 17




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          Commissioner, T.C. Memo. 2003-98 (citing St. Joseph Lease Capital           
          Corp. v. Commissioner, 235 F.3d 886, 891-892 (4th Cir. 2000),               
          affg. T.C. Memo. 1996-256; Estate of Biskis v. Commissioner, T.C.           
          Memo. 2001-94; Estate of Citrino v. Commissioner, T.C. Memo.                
          1987-565).  Petitioner had actual notice of the deficiency as he            
          requested, and received, a copy of the notice of deficiency from            
          the IRS TAS.  Petitioner filed a petition that was timely and,              
          therefore, did not suffer prejudicial delay.  Accordingly, the              
          Court concludes that the notice of deficiency is valid, and this            
          Court has jurisdiction.                                                     
          III. Statutory Employee                                                     
               A. General Rules                                                       
               A statutory employee may properly reflect business income              
          and expenses in full on Schedule C of Form 1040, and thereby                
          avoid the Schedule A, Itemized Deductions, limitations on the               
          deduction of employee business expenses and the phaseout of                 



               14(...continued)                                                       
          obstruction of justice by intentionally misaddressing the notice            
          of deficiency sent to the Round Rock, Texas, address.  The Court            
          concludes that these allegations are unfounded, frivolous, and              
          meritless.  If anything, the evidence indicates that respondent,            
          by sending four differently addressed notices of deficiency, was            
          very interested in ensuring that petitioner received the notice             
          of deficiency.                                                              
               Additionally, petitioner alleges that he did not receive a             
          complete copy of the notice of deficiency until 9 months after              
          filing his petition.  However, petitioner attached a complete               
          copy of the notice of deficiency to his filed petition.                     






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