Walter T. McGee - Page 13

                                       - 13 -                                         
          Cir. 1989) (Commissioner's subpoenas were burdensome and late).             
          The cases petitioner cites do not support his contention that we            
          lack jurisdiction.                                                          
               3.   Whether the Notice of Deficiency Is Invalid Because It            
                    Did Not State That Respondent Had 6 Years To Assess Tax           
               Respondent mailed the notice of deficiency more than 3 and             
          less than 6 years after petitioner filed his return for 1987.               
          Respondent contends that respondent has 6 years to assess tax               
          under section 6501(e)(1)(A) because petitioner omitted more than            
          25 percent of his gross income.  Petitioner contends that                   
          respondent must assert grounds in the notice of deficiency to               
          support respondent's reliance on section 6501(e)(1)(A).                     
          Petitioner contends that Portillo v. Commissioner, supra; Reis v.           
          Commissioner, 1 T.C. 9 (1942), affd. 142 F.2d 900 (6th Cir.                 
          1944); and Stoller v. Commissioner, T.C. Memo. 1983-319,                    
          establish that the notice of deficiency is invalid because                  
          respondent did not state grounds for relying on the 6-year period           
          to assess tax.  We disagree.                                                
               In the notice of deficiency, respondent determined that                
          petitioner reported income of $29,577 for 1987 and failed to                
          report income of $965,425.  It is clear from the notice of                  
          deficiency that respondent determined that petitioner's                     
          unreported income exceeded 25 percent of his gross income.  Thus,           








Page:  Previous  1  2  3  4  5  6  7  8  9  10  11  12  13  14  15  16  17  18  19  Next

Last modified: May 25, 2011