Walter T. McGee - Page 15

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          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.  We           









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