Peter J. Bresson - Page 11

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               Exhibit BB, which was certified as true and to which                   
          respondent's witness credibly testified,  shows an  assessment              
          against Jaussaud Enterprises for the year ended February 28, 1991.          
          We find the information in the document accurately reflects the             
          existence of a tax liability owed by Jaussaud Enterprises.                  
          Accordingly, we overrule petitioner's objection to the admission of         
          Exhibit BB.  Further, respondent's failure to issue a notice of             
          deficiency against Jaussaud Enterprises is immaterial.  A notice of         
          deficiency need not be issued in order for the Commissioner to              
          assess a taxpayer for a reported tax liability on a tax return.             
          See sec. 6201(a)(1).  Moreover, the Commissioner is not required to         
          issue a notice of deficiency or to make an assessment against the           
          transferor where efforts to collect delinquent taxes from a                 
          transferor would be futile.  Gumm v. Commissioner, 93 T.C. 475, 484         
          (1989), affd. without published opinion 933 F.2d 1014 (9th Cir.             
          1991), and cases cited therein; see also O'Neal v. Commissioner,            
          102 T.C. 666, 675-676 (1994).  In this regard, respondent presented         
          two witnesses, both IRS revenue officers, who credibly testified as         
          to their searches for assets owned by the corporation and their             
          inability to find any such assets or any evidence of the                    
          corporation's capacity to pay the taxes owed.  Consequently,                
          whether an audit deficiency (or tax return) assessment was made             
          against Jaussaud Enterprises is not relevant.    Jaussaud                   
          Enterprises' income tax return for the year ended February 28,              





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