Benness M. Richards and Jane Richards - Page 23

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          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.                                                             





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