- 15 - period applied because the taxpayer reported gross income of $66,022 and failed to report $408,318. In Arendt, we held that the notice of deficiency was arbitrary because the Commissioner failed to produce substantive evidence linking the taxpayer to the tax-generating act of receiving income from the sale of illegal drugs. Here, petitioner admitted that he received the bank draft for �570,000. Cf. Tokarski v. Commissioner, 87 T.C. 74 (1986). Petitioner contends that it is improper for respondent to determine a deficiency merely because the time to assess tax was about to expire. We disagree. If the notice of deficiency is otherwise valid, it is not invalidated merely because the time to assess tax has almost passed. 4. Petitioner's Documentary Evidence Petitioner received a letter dated February 17, 1994, from Banks & Co., Chartered Accountants. The letter states that the Board of A.T.O. did not want Jack Petchey and his companies to know what happened to the �570,000, so they placed those funds out of his control until they could reach a settlement with him. Petitioner contends that this letter supports his position that respondent's notice of deficiency is invalid because it shows that he did not personally benefit from the settlement funds. WePage: 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