- 17 - called "gross ineptitude".8 In our view, an extension of Scar in this manner would, as a general rule, directly conflict with the well-settled rule that, absent extraordinary circumstances, we will not look behind a notice of deficiency. Riland v. Commissioner, 79 T.C. 185, 201 (1982); Jackson v. Commissioner, 73 T.C. 394, 400 (1979); Greenberg's Express, Inc. v. Commissioner, 62 T.C. 324, 327-328 (1974). We fail to see any extraordinary circumstances in the present case justifying a probe into respondent's motives and procedures leading to the issuance of the notice of deficiency. In addition to arguing that the notice of deficiency is invalid under Scar, petitioner maintains that the notice of deficiency might be deemed invalid by virtue of respondent's failure to comply with section 7517. Section 7517, enacted as section 2008(a)(1) of the Tax Reform Act of 1976, Pub. L. 94-455, 90 Stat. 1520, 1891, provides in pertinent part: (a) General Rule.--If the Secretary makes a determination or a proposed determination of the value of an item of property for purposes of the tax imposed under chapter 11, 12, or 13, he shall furnish, on the written request of the executor, donor, or the person required to make the return of the tax imposed by chapter 13 (as the case may be), to such executor, 8 Petitioner's reliance on Pearce v. Commissioner, 95 T.C. 250 (1990), revd. without published opinion 946 F.2d 1543 (5th Cir. 1991), is misplaced. For the reasons explained in Stinnett v. Commissioner, T.C. Memo. 1993-429, we shall not reconsider our opinion in Pearce v. Commissioner, supra, or its reversal by the Fifth Circuit, in deciding this case. See 5th Cir. R. 47.5.1, 47.5.2, 47.5.3.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
Last modified: May 25, 2011