- 69 - income, without any of the breakdowns required by the tax forms. See sec. 6011; see Emmons v. Commissioner, 92 T.C. 342, 348-351 (1989), affd. 898 F.2d 50 (5th Cir. 1990), as to the effect of the late filing of petitioner's tax returns. Petitioner did not use due care to deal with his income tax obligations, and he failed to do what a reasonable and ordinarily prudent person would do under the circumstances. On brief, respondent contends that for 1983 section 6653(a)(2) should be applied to the entire underpayment. Respondent in the notice of deficiency determined that $2,054 of the underpayment for 1983 was not due to negligence for purposes of the addition to tax under section 6653(a)(2). Our examination suggests that the $2,054 amount is attributable to (1) a change in filing status from head of household to single, and (2) self- employment taxes. Respondent has not sought to amend the pleading to assert this increase formally. Ordinarily, this Court will not entertain an issue that has not been pleaded properly and,--absent a clear and timely claim by respondent for an increased deficiency, will not enter a decision in an amount greater than was determined in the notice of deficiency. Estate of Petschek v. Commissioner, 81 T.C. 260, 271-272 (1983), affd. 738 F.2d 67, 72 (2d Cir. 1984). Section 6214(a), however, grants this Court jurisdiction to determine a deficiency or addition to tax larger than that stated in the notice of deficiency, if respondent claims the increasedPage: Previous 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 Next
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