- 6 - $49,836.2 Respondent’s agent’s initial computation and the amounts set forth in the notice of deficiency were computed on a fiscal year basis. A second computation by respondent, submitted for trial purposes, was based on imputed interest for the 1994 and 1995 calendar years in the aggregate amounts (including direct and indirect loans) of $19,476 and $59,832, respectively. Discussion I. Procedural/Evidentiary Matter This case was submitted fully stipulated by the parties under Rule 122. Respondent, however, reserved an objection to the admissibility (relevance) of Exhibit 17-P, which is respondent’s revenue agent’s report that was prepared and given to petitioner before issuance of the notice of deficiency. Respondent contends that the revenue agent’s report is not admissible (relevant) in this instance. In support of his position, respondent points out that the Court considers the parties’ positions de novo and the pre-deficiency-notice administrative record is therefore irrelevant. See Greenberg’s Express, Inc. v. Commissioner, 62 T.C. 324 (1974). Respondent acknowledges, however, that in certain limited circumstances, the Court will “look behind the deficiency notice”. Such instances 2 In the notice of deficiency, respondent determined $49,836 of 1995 interest. The correct amount, however, should have been $49,863. The transposition of the numbers 3 and 6 caused a $27 difference.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