Dale L. Whittington - Page 7




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          of deficiency must indicate that respondent has determined a                
          deficiency in tax in a definite amount for a particular taxable             
          year and that respondent intends to assess the tax in due course.           
          See Olsen v. Helvering, 88 F.2d 650, 651 (2d Cir. 1937);                    
          Perlmutter v. Commissioner, 44 T.C. 382, 400 (1965), affd. 373              
          F.2d 45 (10th Cir. 1967); see also sec. 7522.                               
               Petitioner, in his Motion to Dismiss for Lack of                       
          Jurisdiction, contends that respondent failed to make a                     
          "determination" because respondent: (1) Failed to examine                   
          petitioner's 1994 income tax return in determining a deficiency;            
          (2) failed to explain proposed adjustments in the 30-day letter;            
          (3) failed to hold an appeals conference; (4) failed to consider            
          evidence which may have reduced the amount of the deficiency; and           
          (5) did not vary the adjustments in the notice of deficiency from           
          those in the 30-day letter.  Petitioner relies mainly on Scar v.            
          Commissioner, 814 F.2d 1363 (9th Cir. 1987), revg. 81 T.C. 855              
          (1983).                                                                     
               In Scar, the taxpayers received a notice of deficiency that            
          disallowed a loss deduction from a partnership which the                    
          taxpayers had no connection with, and the notice computed a tax             
          due using the then-highest marginal rate.  The taxpayers argued             
          that the Commissioner failed to determine a deficiency as                   
          contemplated under section 6212(a).  A review of various                    
          statements attached to the notice of deficiency revealed that the           





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