Estate of Robert W. Quick, Deceased, Esther P. Quick, Personal Representative, and Esther P. Quick - Page 12

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          amounts of $10,984 and $3,661, for taxable years 1989 and 1990,             
          respectively.                                                               
               Under section 6214(a), this Court has jurisdiction to                  
          consider a claim by the Commissioner for an increased deficiency            
          and penalties asserted before the entry of a final decision.                
          Ferrill v. Commissioner, 684 F.2d 261, 265 (3d Cir. 1982), affg.            
          per curiam T.C. Memo. 1979-501; Henningsen v. Commissioner, 243             
          F.2d 954, 959 (4th Cir. 1957), affg. 26 T.C. 528 (1956); Law v.             
          Commissioner, supra at 989.  Section 6214(a) does not, however,             
          give the Commissioner an unqualified right to amend the answer to           
          claim an increased deficiency, addition to tax, or penalty.                 
          Commissioner v. Estate of Long, 304 F.2d 136, 141-143 (9th Cir.             
          1962).  As with other amendments, we must consider whether                  
          granting respondent's motion will surprise and/or unfairly                  
          disadvantage petitioners.  See generally Estate of Horvath v.               
          Commissioner, 59 T.C. 551, 555 (1973).                                      
               Respondent's motion was made prior to the entry of a final             
          decision in this case.  Moreover, the assertion of additional               
          deficiencies and penalties comes in response to petitioners'                
          contention that respondent is estopped from reissuing notices of            
          computational adjustment to correct what respondent believes are            
          erroneous abatements for 1989 and 1990.  Thus, we conclude that             
          petitioners will suffer no undue surprise or prejudice as a                 
          result of this amendment, and respondent's motion on this score             
          is therefore granted.  Cf. Hanley v. Commissioner, T.C. Memo.               




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