Benness M. Richards and Jane Richards - Page 19

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          The Court of Appeals in Clapp went on to observe that the                   
          availability of remedies for an arbitrary or inaccurate                     
          deficiency determination, such as shifting the burden of proof to           
          the Commissioner and/or awarding litigation costs, would make               
          greater substantive review "of the Commissioner's threshold                 
          'determination', undertaken solely for purposes of exercising               
          subject matter jurisdiction * * * duplicative and burdensome on             
          the courts and the Commissioner."  Id. at 1403.                             
               Applying these principles to the present case, it is clear             
          that the notice of deficiency concerns petitioners' tax liability           
          for 1978 and that the deficiency is attributable to respondent's            
          determination to disallow an interest deduction in the amount of            
          $67,972.50 with respect to petitioners' participation in Kersting           
          programs.  Petitioners do not dispute that they reported a                  
          Kersting-related interest deduction on their 1978 income tax                
          return.  Consequently, we find that respondent considered                   
          information relating to petitioners' 1978 tax liability in                  
          preparing the notice of deficiency.  Scar v. Commissioner, 814              
          F.2d at 1370.  In addition, unlike Scar, and cases such as Kong             
          v. Commissioner, T.C. Memo. 1990-480, and Watson v. Commissioner,           
          T.C. Memo. 1993-42, the notice does not contain a statement that            
          respondent issued the notice without examining petitioners' tax             
          return in order to protect the Government's interest.  Under the            
          circumstances, the notice of deficiency does not reveal on its              





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