- 11 - petitioner will have ample opportunity to prepare to try the new issue. Discussion Section 6214(a) provides that this Court shall have jurisdiction to redetermine the correct amount of the deficiency even if the amount so redetermined is greater than the amount determined by the Commissioner in the notice of deficiency mailed to the taxpayer if the Commissioner asserts a claim therefor at or before the hearing or a rehearing. Consistent with the general mandate of section 6214(a), this Court generally will only exercise its jurisdiction over an increased deficiency where the matter is properly pleaded. See Markwardt v. Commissioner, 64 T.C. 989, 997 (1975), and cases cited therein. Rule 41(a) states in relevant part that a pleading to which no responsive pleading is permitted may be amended at any time within 30 days after it is served if the case has not yet been placed on a trial calendar. Otherwise, the pleading may be amended only by leave of Court or by written consent of the adverse party, and leave shall be given freely when justice so requires. The Commissioner bears the burden of proof in respect of any increases in deficiency. Rule 142(a). Respondent did not make a determination that the SRLY provisions would reduce or eliminate the amount of petitioner's general business credits during the examination period, nor wasPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Next
Last modified: May 25, 2011