- 10 - notice of deficiency is void and without legal effect. In support of that defense, petitioner avers that (1) respondent failed to make a determination, as required by the Internal Revenue Code, (2) the deficiency notice is arbitrary and erroneous because it fails fully to state the foundational evidence relied on by respondent, (3) respondent’s determination does not enjoy a presumption of correctness since it is a naked assessment, and (4) respondent has denied petitioner due process. At trial and on brief, petitioner limited the issues before the Court. On brief, petitioner states that there are three issues before the Court: (1) A child support issue, involving the number of dependents petitioner may claim and the character (whether interest or not) of certain payments received by her from her ex-husband, (2) the amount of income received and the amount of expenses incurred in connection with her real estate activities, and (3) whether the deficiency notice constituted a “naked assessment”. We assume that petitioner has abandoned all grounds raised in the petition but not addressed in her brief. With respect to the additions to tax, petitioner relies on our finding no deficiencies in tax. At trial, respondent conceded certain increased deductions with respect to petitioner’s rental income. After trial, respondent conceded certain deductions with respect to personal exemptions. We accept those concessions.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011