Alfonso J. and Elena L. Diaz del Castillo - Page 6

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          amounts on the first page of the 30-day letter and the deficiency           
          notice differ.  Petitioners do not argue or contend that the                
          $2,327.40 determined in the deficiency notice is not the correct            
          income tax deficiency that would result based upon the                      
          disallowance of the claimed $8,448 contribution carryover                   
          deduction.                                                                  
               Respondent counters that the $2,327.40 income tax deficiency           
          set forth in the deficiency notice constitutes a valid                      
          determination under the statute.  Respondent points out that the            
          deficiency notice is the jurisdictional document upon which this            
          proceeding is based.  Additionally, respondent points out that no           
          agreement was reached with petitioners regarding the amount of              
          deficiency attributable to the adjustment disallowing the $8,448            
          that was erroneously claimed as a contribution carryover.                   
          Respondent admits that the $1,153.23 amount stated on the first             
          page of the 30-day transmittal letter that forwarded the                    
          examination report to petitioners was incorrect but nevertheless            
          contends that it is not binding.                                            
               We agree with respondent.  The notices that may precede the            
          statutory notice of deficiency during the administrative portion            
          of the controversy are generally irrelevant to establishing the             
          deficiency amount.  See Greenberg’s Express, Inc. v.                        
          Commissioner, 62 T.C. 324 (1974).  It is the determination in the           
          deficiency notice that constitutes respondent’s determination or            






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