-38- us resolve this matter”, he was referring to this valuation issue. Similarly, petitioner’s letter dated October 4, 2000, transmitting petitioners’ 1998 tax return to the Internal Revenue Service, refers to the same error in the Form 1099-R. Petitioners’ letter states: “under the circumstances I would like you to consider all of the above points while reviewing this situation and confirm to me your finding.” Petitioner’s letter was again asking the Internal Revenue Service to review the Form 1099-R issued by the ESOP on which petitioner’s shares of J.D. Edwards & Co. stock were valued as of July 15, 1998, in the amount of $467,766.10, whereas the net proceeds from the sale of the stock on November 16, 1998, were $336,022.08. In none of petitioner’s correspondence with the Internal Revenue Service does he raise a question about the validity of the rollover of J.D. Edwards & Co. stock into his IRA or the Forms 1099-R issued to report the distributions from the IRA in 1999 and 2000. In fact, petitioners’ opening brief states that they did not become aware “that the ESOP rollover was invalid in 1998 due to the 60 days rollover rule” until the audit of their 1999 and 2000 returns which took place between April and September of 2004. We reject any suggestion that petitioners raised with respondent, before the audit of their returns, an issue concerning the validity of the rollover contribution of J.D. Edwards & Co. stock to Mr. Kopty’s IRA. In conclusion, wePage: Previous 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 NextLast modified: March 27, 2008