- 19 - 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 itsPage: 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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