- 14 - 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.Page: 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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