- 11 - 2. Case Law Upon Which Petitioner Relies Petitioner contends that the facts here are similar to those in Scar v. Commissioner, 814 F.2d 1363 (9th Cir. 1987), revg. 81 T.C. 855 (1983). We disagree. In Scar, the Commissioner disallowed a deduction from a partnership with which the taxpayers had no connection. Statements attached to the notice of deficiency showed that the Commissioner had issued it without reviewing the tax return that the taxpayers had filed. Id. at 1365. The U.S. Court of Appeals for the Ninth Circuit held that the notice of deficiency was invalid under section 6212(a) because the Commissioner had not reviewed the taxpayers' return or otherwise actually determined the taxpayers' liability for a particular taxable year. Id. at 1370. The notice of deficiency in the instant case shows that respondent examined petitioner's tax return for 1987 and adjusted items on that return. There is no statement in the notice of deficiency which suggests that respondent did not actually determine a deficiency in petitioner's income tax for 1987. Petitioner contends that, as in Portillo v. Commissioner, 932 F.2d 1128 (5th Cir. 1991), affg. in part and revg. in part and remanding T.C. Memo. 1990-68, respondent incorrectly determined that petitioner received unreported income. InPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Next
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