Kevin R. Johnston - Page 16




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          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 with                     







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