Walter T. McGee - Page 9

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          trying to circumvent the statute of limitations.  We disagree for           
          reasons stated next.                                                        
          A.   Whether Respondent's Notice of Deficiency Is Valid                     
               Petitioner contends that we lack jurisdiction because                  
          respondent's notice of deficiency is invalid.                               
               1.   Effect of Petitioner's Denial That He Received Any                
                    Economic Benefit From the �570,000 Settlement                     
               Petitioner received a �570,000 bank draft payable to Swiss             
          Bank Corp. from Kenning on or about May 7, 1987.  Petitioner                
          contends that respondent knew that the payment from Kenning was             
          made in settlement of A.T.O.'s lawsuit with Kenning, and that               
          petitioner was a director of A.T.O.  Before respondent issued the           
          proposed adjustment letter on May 3, 1995, petitioner gave                  
          respondent a written statement (not under oath) in which                    
          petitioner denied receiving any personal benefit from the                   
          �570,000.  Petitioner contends that respondent had no basis for             
          determining that petitioner benefited personally from the                   
          settlement funds.  Petitioner points out that respondent did no             
          net worth analysis.  Petitioner contends that respondent based              
          the notice of deficiency on mere suspicion and that the notice of           
          deficiency is invalid.                                                      
               We disagree.  To be valid, a notice of deficiency must                 
          fairly advise the taxpayer that the Commissioner has actually               








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