J.J. Zand - Page 92

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          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 amount             





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