- 31 - evidence that the IRS has complied with its statutory duties), affg. 118 T.C. 365 (2002). The final notice of determination notes without comment that the IRS processed a 1995 married filing separate Form 1040, U.S. Individual Income Tax Return, that was not signed by either petitioner or the preparer. The final notice of determination goes on to state summarily: “All legal and procedural requirements are concluded to have been met in this case.” The final notice of determination does not, however, reveal the basis for this statement as it might pertain to the propriety of a summary assessment made on the basis of the unsigned copy of the 1995 married filing separate return; indeed, the administrative record does not show that the Appeals officer ever specifically considered the issue.14 Respondent has offered no reasoned defense of his summary assessment of petitioner’s 1995 tax. On 14 As previously discussed, the Appeals officer assumed, for purposes of abating penalties and interest and reallocating certain payments, that petitioner filed a 1995 married filing separate return in October 1996. If we were to infer that the Appeals officer meant to assume that petitioner’s 1995 married filing separate return was filed in October 1996 for all purposes, this might explain why the Appeals officer would not have felt it necessary to address whether summary assessment was properly made on the basis of the unsigned copy of petitioner’s 1995 married filing separate return that the IRS received in 2001. If we were to indulge the assumption, however, that petitioner filed a 1995 married filing separate return in October 1996, then we would have to agree with petitioner that the assessment in 2001 was outside the 3-year limitations period of sec. 6501(a). As previously discussed, both parties now agree that petitioner filed no 1995 married filing separate return in 1996.Page: Previous 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 NextLast modified: November 10, 2007