- 13 - the Commissioner has determined a deficiency and specify the year and amount. Abrams v. Commissioner, 84 T.C. 1308, 1310 (1985), affd. sub nom. Alford v. Commissioner, 800 F.2d 987, 988 (10th Cir. 1986) (also affd. by six additional circuits); Mayerson v. Commissioner, 47 T.C. 340, 348-349 (1966). The notice of deficiency adequately described the basis for respondent's determination as excessive ordinary and necessary business expense deductions. It fairly advised petitioner that a deficiency was determined. It specified the year as 1990, and it contained a comprehensive list of amounts by category (13 in all) that are identical to petitioner's Schedule C categories. See Hustead v. Commissioner, T.C. Memo. 1994-374, affd. without published opinion 61 F.3d 895 (3d Cir. 1995) (notice of deficiency clearly served to advise the taxpayers which of their claimed deductions had been disallowed); Burnside v. Commissioner, T.C. Memo. 1994-308 (notice of deficiency which specified the years, amount of deficiencies, and additions to tax complied with section 7522(a) and (b)(1)). Petitioner attempts to shift the burden of proof to respondent under Rule 142(a) by arguing that respondent first raised the "duplication" grounds at trial. That is not so. Respondent's counsel stated that she made several attempts prior to trial to communicate precisely this point to petitioner. Furthermore, respondent's Trial Memorandum, filed May 25, 1995, explained that certain expenses were duplicated. Petitioner hadPage: Previous 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 Next
Last modified: May 25, 2011