- 16 - 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 ofPage: Previous 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 Next
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