- 7 - 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.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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