- 174 - negotiations and was the person who arranged and was involved in many meetings between Ashland and NIOC. We also conclude that petitioner's relinquishment of part of his Diesel Power stock in late 1974 does not alter the fact that he earned the 1976 Ashland commissions that were paid to Diesel Power's name. Accordingly, the portion of Ashland's 1976 payment attributed to Diesel Power on the CTC receipts journal was income to petitioner. C. General Motors We note a preliminary issue that affects 3 of the years at issue. The parties have stipulated that GM deposited British pounds equivalent to $18,146.15 into the Zand FNCB London account during 1973. Although respondent asserts in a proposed finding of fact that petitioner failed to include $18,337.08 from GM in 1973 income, respondent has not properly asserted this higher figure in a timely fashion. This Court has jurisdiction to determine additional amounts in excess of the amount determined in the notice of deficiency only "if claim therefor is asserted by the Secretary at or before the hearing". Sec. 6214(a). Respondent neither asserted this increased amount in an amended answer nor raised it at trial. Thus, we lack jurisdiction over the amount in excess of the amount determined in the notice of deficiency and will disregard such excess. Jasionowski v. Commissioner, 66 T.C. 312, 317 (1976). In addition, the Court's consideration of respondent's assertion of the increased amountPage: Previous 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 Next
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