Benness M. Richards and Jane Richards - Page 16

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          deficiency notice to be valid and denied the taxpayers' motion to           
          dismiss.  Id. at 1366.                                                      
          In analyzing the issue on appeal, the majority of the panel                 
          of the Court of Appeals for the Ninth Circuit concluded that the            
          Commissioner must consider information relating to a particular             
          taxpayer before it can be said that the Commissioner has                    
          determined a deficiency with respect to that taxpayer.  Id. at              
          1368.  More specifically, the Court indicated in a footnote that,           
          in order to determine a deficiency against a taxpayer based upon            
          a tax shelter adjustment, the Commissioner cannot rely solely               
          upon an examination of the tax return of the tax shelter entity             
          but must also examine the taxpayer's return to see whether the              
          taxpayer in fact claimed a deduction with respect to the                    
          particular tax shelter.  Id. at 1367 n.6.  With this standard in            
          mind, the Court concluded that the deficiency notice was invalid            
          under section 6212(a) because the notice on its face revealed               
          that the Commissioner had not reviewed the taxpayers' return or             
          otherwise made a determination respecting the taxpayers'                    
          liability for the particular taxable year.  Id. at 1370.                    
          The Scar issue subsequently resurfaced in this Court in                     
          Campbell v. Commissioner, 90 T.C. 110 (1988).  In Campbell, the             
          Commissioner mailed a notice of deficiency to the taxpayers                 
          including:  (1) The traditional cover letter containing                     
          boilerplate language identifying the package as a notice of                 





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