- 16 - petitioner and the funds paid to Universal, which respondent claims are petitioner’s income. Petitioner asserts that as a result, the statutory notice was an invalid “naked assessment”, and we must dismiss the case at hand for lack of jurisdiction. In the alternative, petitioner claims respondent’s failure to supply the necessary “predicate evidence” deprives the notice of its usual presumption of correctness, and respondent must bear the burden of proof on all issues. A. Validity of Notice Petitioner’s claim that the notice was invalid effectively asks us to “look behind” the notice. See Shriver v. Commissioner, 85 T.C. 1, 3 (1985). As a general rule, we do not look behind a deficiency notice to examine the evidence used, the propriety of respondent’s motives, or the administrative policy or procedure that informs respondent’s determinations. This is because a trial before the Tax Court is a proceeding de novo; our determination of a taxpayer’s tax liability must be based on the merits of the case and not on any previous record developed at the administrative level. See Greenberg’s Express, Inc. v. Commissioner, 62 T.C. 324, 327-328 (1974). Moreover, even where a taxpayer has made a showing casting doubt on the validity of respondent’s determination, the notice is generally not rendered void, and it remains sufficient to vest this Court withPage: Previous 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Next
Last modified: May 25, 2011