- 15 -- 15 - Respondent contends that Activewear's transfers to Jackson were personal because Activewear was not in the lending business. We disagree. Respondent cites no authority for this contention. We conclude that the amounts that Jackson owed to Activewear in 1990 and 1991 were not constructive dividends to petitioner. D. Whether Petitioner Received Income From Security Interests Provided by Jackson Jackson assigned four security interests to petitioner and petitioner used the four security interests to secure an $80,000 personal loan. Respondent contends in respondent's pretrial memorandum, opening statement, and posttrial brief that petitioner received $402,600 in income from the four security interests. We disagree. Respondent did not raise the theory that petitioner received income from the security interests in the notice of deficiency. A theory not raised in the notice of deficiency is new matter if it increases the original deficiency or requires the taxpayer to present different evidence. Rule 142(a); Vetco, Inc. v. Commissioner, 95 T.C. 579, 588 (1990); Achiro v. Commissioner, 77 T.C. 881, 890 (1981); Estate of Falese v. Commissioner, 58 T.C. 895, 898-899 (1972). To contest this theory, petitioner would have needed to introduce evidence relating to his consolidated loan from Trust Co. and the four security interests. The four security interests were not collateral for Activewear's loans to Jackson. Petitioner was not required to offer that evidence toPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 Next
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