Norwest Corporation and Subsidiaries, Successor in Interest to Davenport Bank and Trust Company and Subsidiaries - Page 7

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          professional fees related to the merger."5  Since respondent                
          refuses to identify those expenses claimed on petitioner's return           
          that comprise $151,382, petitioner contends that respondent has             
          not "determined" a deficiency attributable to $151,382, citing              
          Scar v. Commissioner, 814 F.2d 1363 (9th Cir. 1987), revg. 81               
          T.C. 855 (1983).                                                            
               This Court's jurisdiction to redetermine a deficiency is               
          based upon the issuance of a valid notice of deficiency and a               
          timely filed petition.  Rule 13(a), (c); see Monge v.                       
          Commissioner, 93 T.C. 22, 27 (1989); Normac, Inc. v.                        
          Commissioner, 90 T.C. 142, 147 (1988).  At a minimum the notice             
          of deficiency must identify the taxpayer, indicate that the                 
          Commissioner has made a determination of deficiency, and specify            
          the taxable year and amount of the deficiency.  See Estate of               
          Yaeger v. Commissioner, 889 F.2d 29, 35 (2d Cir. 1989), affg. in            
          part, revg. in part, and remanding T.C. Memo. 1988-264.  The case           
          of Scar v. Commissioner, supra, cited by petitioner, is                     
          distinguishable from this case.  In the Scar case, the                      
          Commissioner issued a notice of deficiency disallowing deductions           

          5                                                                           
               Petitioner has not explained what is meant by its reference            
          to the $151,382 as a "plug".  The Court is unsure whether this              
          means that $151,382 was added as a "catch-all" of other expenses,           
          whether supporting documentation was not available for the                  
          $151,382, or whether the $658,000 claimed was intentionally                 
          overstated out of an abundance of caution in attempting to                  
          satisfy the disclosure requirements for purposes of sec. 6662(a).           
          Respondent's position at the hearing was that the $151,382 was              
          not an error by petitioner.                                                 




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