- 29 - 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 AppealsPage: Previous 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 Next
Last modified: May 25, 2011