- 17 - requested the records and that they were never returned. Petitioner states that DiRicco was in possession of certain of petitioner’s records and that DiRicco failed to return those records to petitioner, as they were allegedly stored in a contaminated storage area and could not be recovered. Petitioner contends that the records that he has not recovered would show that Isgro made some contributions to the partnerships on his behalf but without his knowledge and that they would show his percentage interest in the partnerships. Because he was unable to retrieve the records, petitioner argues, he was unable to contact other partners or to intervene in the litigation. Petitioner contends that the failure to return petitioner’s records was a violation of his due process rights. We do not see how any of the records seized by the IRS during its criminal investigation of him are relevant to the adjustments made to the partnerships that affected the assessments against petitioner. Petitioner testified that the documents that were taken were personal in nature and had nothing to do with the partnerships. The documents contained in the record, such as Forms 1040, Schedules K-1, Partner’s Share of Income, Credits, Deductions, etc., the notice of intent to levy, and the notice of determination, are more than adequate to decide the issues in this case. Petitioner has failed to show that not being able to access his records constitutes a denial of due process.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
Last modified: May 25, 2011