William W. Halle IV, and Janice C. Halle - Page 13

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          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 had            




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