J. David Golub - Page 29




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          disallowance at trial or in his numerous filings.  We treat his              
          failure to address these issues as, in effect, a concession.  See            
          Rules 34(b)(4), 151(e)(4) and (5); Sundstrand Corp. v.                       
          Commissioner, 96 T.C. 226, 344 (1991); Money v. Commissioner, 89             
          T.C. 46, 48 (1987); Grossman v. Commissioner, T.C. Memo. 1996-               
          452, supplemented by T.C. Memo. 1997-451, affd. ___ F.3d ___(4th             
          Cir., June 28, 1999).                                                        
               Even if petitioner had not conceded the net operating loss              
          issue, he nevertheless failed to present evidence that would                 
          overcome respondent’s determination to disallow the net operating            
          loss carryovers.  Under these circumstances, we sustain                      
          respondent’s determination and hold that petitioner is not                   
          entitled to deduct the net operating loss carryovers at issue.               
          See Head v. Commissioner, T.C. Memo. 1997-270.                               
          V.  Procedural Issues                                                        
               A.  Validity of Deficiency Notice                                       
               Petitioner, relying upon Portillo v. Commissioner, 932 F.2d             
          1128 (5th Cir. 1991), affg. in part, revg. in part and remanding             
          T.C. Memo. 1990-68, contends that respondent’s notice of                     
          deficiency was “arbitrary, frivolous, and capricious” and thus               
          that the determination that he received unreported income was                
          fatally flawed.  We disagree.  In Portillo, the Commissioner                 
          issued a notice of deficiency in reliance upon a third party’s               
          Form 1099 filed with the Commissioner.  The U.S. Court of Appeals            





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