- 67 - Petition because Petitioners had no notice that these adjustments would be proposed, neither side offered any evidence about these issues, and it is too late now to raise them for the first time. Respondent would have had to timely move for permission to seek an increased deficiency and properly plead these matters for them to be issues. We note that neither party takes issue with the adjustment made in the notice of deficiency to the self- employment tax reported by Mr. Lemons for 1988. Accordingly, that adjustment is hereby sustained. We also note that no adjustment was made in the notice of deficiency to the self-employment tax reported by Mrs. Lemons for 1988. In the case of respondent's adjustment to the self- employment tax reported by Mr. Lemons for 1987, petitioners bear the burden of proving that respondent's adjustment is incorrect. Rule 142(a). They did not take issue with this adjustment in Mr. Lemons' petition or at trial. Accordingly, petitioners have failed to meet their burden of proof, and we hereby sustain respondent with respect to this adjustment. As mentioned, no adjustment was made in the notice of the deficiency to the self-employment tax reported by Mrs. Lemons for 1987, and respondent has not sought to amend the Government's pleadings to raise such an adjust-Page: Previous 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 Next
Last modified: May 25, 2011