Norwest Corporation and Subsidiaries, Successor in Interest to Davenport Bank and Trust Company and Subsidiaries - Page 9

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          that respondent did not make a determination with respect to the            
          $151,382 portion of the $658,000 adjustment.  The Court,                    
          therefore, has jurisdiction over this issue.  Petitioner's motion           
          to dismiss for lack of jurisdiction, and its supplemental motion            
          to dismiss for lack of jurisdiction, therefore, will be denied.             
               In the alternative, petitioner contends that, if the Court             
          has jurisdiction over the $151,382 issue, the burden of proof as            
          to this issue should shift to respondent.  That is the basis of             
          petitioner's second motion.  Petitioner relies primarily on                 
          Portillo v. Commissioner, 932 F.2d 1128 (5th Cir. 1991), affg. in           
          part and revg. in part T.C. Memo. 1990-68.  In its memorandum of            
          authorities in support of this motion, petitioner argues:                   

               In the income tax return for 1991, Petitioner claimed                  
               hundreds of thousands of deductions totaling over $141                 
               million.  All deductions claimed in the return are                     
               identifiable and supportable.  Petitioner can prove that all           
               expenditures deducted in the return were proper by producing           
               invoices and other support for such expenditures.  However,            
               this process is practically unworkable as it would involve             
               the production of hundreds of thousands of documents and               
               thousands of hours of court time to review.  In the end, the           
               Court would find that all expenditures were properly                   
               deducted in preparing the return, including the $151,382 of            
               unidentified costs erroneously characterized as merger-                
               related costs in the Disclosure Statement.  Respondent must            
               provide sufficient specificity in the Notice of Deficiency             
               as to which deductions are being disallowed in order for the           
               Court, Petitioner, and Respondent to come to some meaningful           
               resolution of the issue.  A blanket disallowance of                    
               unidentified costs effectively requires the taxpayer to                
               prove up the correctness of the entire return and lends                
               itself to a unreasonably burdensome and unworkable process             
               for taxpayers, Respondent, and the courts.                             






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