John D. Shea - Page 21




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          U.S.A. v. Commissioner, T.C. Memo. 1992-110; National                       
          Semiconductor Corp. & Consol. Subs. v. Commissioner, T.C. Memo.             
          1991-81; Perryman v. Commissioner, T.C. Memo. 1988-378, affd.               
          without published opinion 920 F.2d 936 (9th Cir. 1990).18                   
               Petitioner acknowledges that the Court of Appeals' opinion             
          in Abatti v. Commissioner, supra, contains broad language but               
          argues that the subsequent enactment of section 7522 abrogated              
          that broad language by requiring specificity in respondent's                
          notices of deficiency.  Section 7522, which was applicable to the           
          notice of deficiency in this case,19 provides:                              

               SEC. 7522.  CONTENT OF TAX DUE, DEFICIENCY, AND OTHER                  
               NOTICES.                                                               


               17(...continued)                                                       
               respondent to establish all the elements necessary to                  
               support his allocation under section 482.  See Rubin v.                
               Commissioner, 56 T.C. 1155, 1162-1164 (1971), affd. 460                
               F.2d 1216 (2d Cir. 1972); Rule 142(a), Tax Court Rules                 
               of Practice and Procedure.  But see Abatti v.                          
               Commissioner, 644 F.2d 1385 (9th Cir. 1981), revg. a                   
               Memorandum Opinion of this Court.                                      
               18In Perryman v. Commissioner, supra, appellate venue was in           
          the Ninth Circuit Court of Appeals which had decided Abatti v.              
          Commissioner, 644 F.2d 1385 (9th Cir. 1981), revg. T.C. Memo.               
          1978-392.  In Perryman, we held:                                            
               Despite our holding in Achiro, however, we will follow                 
               the precedent established in the court to which an                     
               appeal would lie.  See Golsen v. Commissioner, 54 T.C.                 
               742 (1970), affd. 445 F.2d 985 (10th Cir. 1974).                       
               Appeal in this case would lie in the Ninth Circuit.                    
               19Sec. 7522 is applicable to notices of deficiency issued              
          after Jan. 1, 1990.                                                         




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