- 12 - with sufficient specificity in the notice of deficiency, inasmuch as "only a general explanation" is offered. Respondent, on the other hand, maintains that the notice of deficiency provides an adequate explanation of adjustments, and thus a shift of the burden of proof is not warranted. We agree with respondent. The general rule of law is clear that, upon the issuance of a timely notice of deficiency by respondent, the burden of proving the determinations in such notice to be erroneous is on the taxpayer. Rule 142(a) states that the burden of proof shall be on the petitioner except as otherwise provided by statute or "determined by the Court". As relevant here, section 7522(a) provides that any "notice * * * shall describe the basis for, and identify the amounts (if any) of, the tax due". Section 7522(b) specifies that these provisions shall apply to, among others, any notice "described in section * * * 6212". See Ludwig v. Commissioner, T.C. Memo. 1994-518. Section 6212 pertains to notices of deficiency, as here. Upon examination, the notice of deficiency issued to petitioners specifically provides the primary position determined by respondent, details an alternative position, and calculates a deficiency of $283,078 for petitioners based upon the primary position. Based on the foregoing discussion, we hold that respondent has met the requirements of section 7522. We therefore declinePage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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