- 23 - In sum, in Richards I we held that the notice of deficiency issued to petitioners is facially valid. Petitioners have offered no evidence to the contrary. Although petitioners' Motion for Reconsideration does not clearly state the proposition, we assume that petitioners seek discovery and an evidentiary hearing in part to attempt to develop evidence that the notice of deficiency is invalid. However, to permit the use of such procedures under the circumstances presented would run counter to the well-settled principle that we generally will not look behind a notice of deficiency to examine the evidence used by the Commissioner in the determination of a deficiency. Scar v. Commissioner, 814 F.2d at 1368; Greenberg's Express v. Commissioner, 62 T.C. 324, 327-328 (1974), and cases cited therein. Considering that the disputed notice of deficiency is facially valid, and in light of petitioners' failure (as discussed above) to allege any facts that would support a finding that respondent's agents engaged in unconstitutional conduct, we will not look behind the notice of deficiency in this case. Because we reject petitioners' argument that the notice of deficiency lacks a rational basis, it follows that petitioners' contention that the notice of deficiency served as the means for respondent to fraudulently toll the period of limitations likewise fails.Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011