Walter T. McGee - Page 14

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          the notice of deficiency plainly shows grounds for application of           
          the 6-year period to assess tax.3                                           
               Petitioner contends that, because respondent relies on the             
          6-year period to assess tax, the notice of deficiency must, but             
          does not, include an indirect method of proof of unreported                 
          income, such as a net worth, source and application, or bank                
          deposits analysis.  Petitioner cites Sutherland v. Commissioner,            
          T.C. Memo. 1996-1, and Arendt v. Commissioner, T.C. Memo. 1994-             
          443, to support petitioner's contention that if respondent relies           
          on the 6-year period to assess tax, the notice of deficiency must           
          apply such a method or other proof of receipt of unreported                 
          income.  We disagree that Sutherland or Arendt supports                     
          petitioner's contention.  In Sutherland, we rejected the                    
          taxpayer's contention that the Commissioner mailed the notice of            
          deficiency too late.  We concluded that the 6-year assessment               


               3 Secs. 6212 and 7522 do not specifically require the                  
          Commissioner to state in the notice of deficiency whether the               
          Commissioner relies on sec. 6501(e)(1)(A).  Petitioner recognizes           
          that the statute of limitations is an affirmative defense and               
          does not affect the jurisdiction of this Court.  Rule 39;                   
          Robinson v. Commissioner, 57 T.C. 735, 737 (1972); Badger                   
          Materials, Inc. v. Commissioner, 40 T.C. 1061, 1063 (1963).                 
          Thus, petitioner's reliance on 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, is misplaced because, in those           
          cases, we decided whether the time to assess tax had expired, not           
          whether we had jurisdiction.                                                








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