Rountree Cotton Co. - Page 6




                                        - 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.                                                                 






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