- 2 - Rodolfo Lizcano, pro se. Roberta Shumway and Kelli H. Todd, for respondent. MEMORANDUM FINDINGS OF FACT AND OPINION WHERRY, Judge: This case is before the Court on respondent’s motion for summary judgment. The issues are: (1) Whether the notice of deficiency is invalid because the date it specified as the last day on which petitioner could petition this Court was in error; (2) whether the notice of deficiency is invalid because petitioner was improperly selected for examination and audit in retaliation for Equal Employment Opportunity Commission (EEOC) complaints and whistle blower reports he made while he was an employee of the Internal Revenue Service (IRS). Unless otherwise indicated all section references are to the Internal Revenue Code of 1986, as amended for the year in issue, and all Rule references are to the Tax Court Rules of Practice and Procedure. FINDINGS OF FACT Petitioner was employed by the IRS for approximately 20 years. Petitioner claims that during his employment he was subjected to harassment and discrimination by his superiors and colleagues and witnessed his superiors and colleagues engaging in illegal activities. Petitioner claims to have filed a complaintPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 NextLast modified: March 27, 2008