- 17 - appears to us that respondent gave no thought to community property law or section 66(b) when the notice of deficiency was prepared.15 Respondent's apparent failure to even consider community property law, or section 66(b) in making his deficiency determination supports our conclusion that section 66(b) was not implicit in the notice of deficiency. However, even if respondent's agents had considered such matters, it does not follow that they were "necessarily implicit" in the notice of deficiency. The objective language in the notice of deficiency remains the controlling factor. As indicated in the preceding paragraph, there is nothing in the notice of deficiency that makes section 66(b) "necessarily implicit". The factual basis required to establish whether STG's income was understated is different from the factual basis necessary to establish whether community property law or section 66(b) applies. The facts necessary for a determination of income 14(...continued) petitioner's 1992 taxable year. Petitioner alleged, and the attached revenue agent's report shows, that the revenue agent computed the 1992 deficiency based on joint filing status as opposed to the married filing separate status used in the notice of deficiency. We also note that the notice of deficiency for 1992 was addressed to "John D. and Flora [sic] M. Shea," even though the attached schedules reflect tax liability for only John D. Shea. 15At trial, respondent's counsel could not clarify this point other than to state: "I think it was done pursuant to 66(b), although 66(b) I concede is not mentioned in the stat notice."Page: Previous 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Next
Last modified: May 25, 2011