- 17 - jurisdiction. See Suarez v. Commissioner, 58 T.C. 792, 814 (1972). The Court of Appeals for the Ninth Circuit, to which an appeal of the case at hand would lie, has developed an exception to this rule. In Scar v. Commissioner, 814 F.2d 1363 (9th Cir. 1987), revg. 81 T.C. 855 (1983), the Court of Appeals held a notice invalid and dismissed the action for lack of jurisdiction in favor of the taxpayer. The notice in Scar informed the taxpayers that they had $138,000 of unreported income from a tax shelter partnership known as the “Nevada Mining Project”. The notice also stated that tax was being assessed on this income at the maximum marginal rate because the taxpayers’ original return was unavailable. At trial, however, the taxpayers established that they had no connection with the Nevada Mining Project, and that they had in fact filed their tax return. As a result, the Court of Appeals concluded that “the taxpayers proved that a determination of their deficiency had not been made”. See Scar v. Commissioner, supra at 1367 n.6. Petitioner has made no such showing in the case at hand. The notice sent to petitioner stated that he had $104,786 in unreported business receipts during 1993. Petitioner has stipulated that an identical amount was deposited in the Universal bank account during 1993. Petitioner has alsoPage: 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