-7- "at or before the hearing or a rehearing." We may not, however, determine a greater deficiency where respondent has not pleaded an increased deficiency. Moise v. Burnet, 52 F.2d 1071, 1073 (9th Cir. 1931), revg. 13 B.T.A. 525 (1928); Estate of Petschek v. Commissioner, 81 T.C. 260, 271-272 (1983), affd. 738 F.2d 67 (2d Cir. 1984); Koufman v. Commissioner, 69 T.C. 473, 475-476 (1977). In the instant case respondent has not specifically addressed the issue and has not requested an increase in the addition to tax under section 6661. In these circumstances we cannot conclude that respondent has asserted a claim for the increased amount as required by section 6214(a), nor that the issue has been tried by consent of the parties within the meaning of Rule 41(b)(1). Thus, we shall apply the addition, if determined to be applicable, at the rate set forth in the notice of deficiency. Section 6661(a) provides that an addition to tax is imposed on any underpayment attributable to a substantial understatement of income tax. Petitioner bears the burden of proving that she is not liable for this addition to tax. Rule 142(a); King's Court Mobile Home Park, Inc. v. Commissioner, 98 T.C. 511, 517 (1992). An understatement is substantial if it exceeds the greater of 10 percent of the amount required to be shown on the return for the taxable year or $5,000. Sec. 6661(b)(1). AnPage: Previous 1 2 3 4 5 6 7 8 9 Next
Last modified: May 25, 2011