- 4 - any time elected to have section 475(f) apply to the securities he held in 2000. Respondent sent petitioner a letter dated July 12, 2001, requesting that petitioner complete a Schedule D with information to support his entry of $55,778.28 in losses on line 13 of the Form 1040. Petitioner thereupon completed a Schedule D for 2000 and submitted it to respondent. Petitioner's Schedule D reported net short-term capital losses of $55,778.28 and no long-term capital gains or losses. Respondent subsequently sent petitioner a so-called math error notice3 dated September 3, 2001, which stated: "We changed your 2000 return. As a result of these changes, you owe $30,965.64. * * * You figured your capital gains and losses on Schedule D incorrectly." Respondent did not send a notice of deficiency to petitioner for 2000. Petitioner responded to the math error notice by means of a letter to respondent dated December 5, 2001, in which he maintained that his 2000 return as originally filed was correct, including the position that no Schedule D needed to be filed. In response, respondent sent petitioner a Letter 105C dated March 20, 2002, advising of the disallowance of most of petitioner's claimed $55,778.28 loss on the grounds that the loss was limited 3 See sec. 6213(b)(1). The letter was headed "We Changed Your Return-You Have an Amount Due".Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: November 10, 2007